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News Jan. 31, 2018

California employers will face consequences if they assist immigration authorities

On Jan. 1, the Immigrant Worker Protection Act took effect in California; the law is meant to prevent all workers, regardless of immigration status, from being detained at workplaces.

California Attorney General Xavier Becerra recently warned California employers that businesses face legal consequences, including fines up to $10,000, if they assist federal immigration authorities with a potential widespread immigration crackdown, according to The Sacramento Bee.

The warning follows rumors of mass workplace raids after reports that immigration agents plan to target Northern California communities for deportations in part because of the state's "sanctuary" law, which seeks to restrict local law enforcement agencies' ability to cooperate with immigration authorities.

"It's important, given these rumors that are out there, to let people know—more specifically today, employers—that if they voluntarily start giving up information about their employees or access to their employees in ways that contradict our new California laws, they subject themselves to actions by my office," Becerra said at a Jan. 18 news conference. "We will prosecute those who violate the law."

Becerra repeatedly said the reports were "rumors" and the California department of Justice was not aware of planned sweeps targeting Northern California.

The state Department of Justice and state Labor Commissioner's Office plan to issue formal guidance to all California employers regarding their responsibilities under the new law.

The law requires employers to ask immigration agents for a warrant before granting access to a worksite; prevents employers from voluntarily sharing confidential employee information without a subpoena; requires employers to notify their workers before a federal audit of employee records; gives the attorney general and labor commissioner exclusive authority to enforce new provisions of state labor laws; and prohibits employers from re-verifying information on employment verification forms unless compelled to do so by federal law.

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