Immigrant Worker Protection Act’s Effect in Santa Cruz County

The County of Santa Cruz advises the broader Santa Cruz County community that Assembly Bill 450, the Immigrant Worker Protection Act, prohibits employers from complying with certain aspects of federal Immigration and Customs Enforcement actions.

Under the State law, which was signed into effect Jan. 1, 2018, employers cannot voluntarily grant immigration enforcement agents physical access to nonpublic areas of workplaces or to private employee records. Employers that violate this provision are subject to civil penalties of $2,000 to $5,000 for a first violation, and $5,000 to $10,000 for each subsequent violation.

For workplace inspections, the Immigrant Worker Protection Act does not apply if agents present a judicial warrant. For access to employee records, the Act does not apply if agents provide a subpoena or judicial warrant for records, or a Notice of Inspection for I-9 forms and other documents.

Under the law, employers are required to notify employees of inspections of their employment records by federal immigration agencies within 72 hours of receiving a federal notice of inspection. The employer’s notifications must be available in the language the employer normally uses to communicate employment information.

Santa Cruz County is committed to supporting immigrant communities, and the Board of Supervisors previously passed a resolution maintaining trust and safety with local immigrants. The County is issuing this advisory in that spirit.

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Attorney General Xavier Becerra and Labor Commissioner Julie Su have issued joint guidance for employers on AB 450. That guidance is available here: oag.ca.gov/sites/all/files/agweb/pdfs/immigrants/immigration-ab450.pdf. The full text of the bill is available here: leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB450