U.S. Immigration and New CA Immigrant Worker Protection Act
The U.S. Immigration and Customs Enforcement acting director announced that the agency will quadruple to quintuple the number of workplace inspections it conducts in the coming year. Agents have been directed to prosecute employers as well as detain and deport undocumented workers found in such investigations. Employers are encouraged to ensure full compliance with Form I-9 requirements and to be prepared for this increase in routine immigration, and should be reminded that potential fines for employers who fail to comply with strict verification, recordkeeping, and document retention requirements with regard to Form I-9 were recently doubled.
**Here is the 2018 CA Bill regarding - Worksite Immigration Enforcement and Protections (effective January 1, 2018)
The Immigrant Worker Protection Act – IWPA (AB 450) — part of a package of bills the governor signed to create a “sanctuary state” — provides workers with protection from immigration enforcement while on the job.
IWPA prohibits employers from:
An employer that provides access in violation of the IWPA can be fined anywhere from $2,000 to $5,000 for a first violation and $5,000 to $10,000 for each subsequent violation.
Regarding Form I-9 inspections, the new CA Bill, requires employers to:
An employer that fails to follow these notice requirements can be fined between $2,000 to $5,000 for a first violation and $5,000 to $10,000 for each subsequent violation.
This bill also makes it unlawful for employers to reverify the employment eligibility of current employees in a time or manner not allowed by federal employment eligibility verification laws. Federal law already prohibits unlawful reverification practices, such as reverification of unexpired documentation. However, this bill adds an additional state civil penalty of up to $10,000.
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