<\/p>\n

In Trump’s bid to fulfill one of his major campaign promises, his administration empowered the federal immigrant system, such that the Congress is authorized to legislate for or against the entry and residency of people in the country. Moreover, the President is empowered to utilize the U.S. Immigration and Customs Enforcement (ICE) in order to oversee immigrant employees in the workplace as well. Employers thus have the obligation of protecting their employees in the event of a workplace raid by the ICE through California\u2019s \u201cImmigrant Worker Protection Act.\u201d<\/p>\n

What Does This Act Do?<\/h3>\n

Generally, California\u2019s \u201cImmigrant Worker Protection Act\u201d protects employees from the federal Immigration and Customs Enforcement (ICE). The law imposes three major requirements:<\/p>\n

\n
1. \n

   Workplace Entry Consent<\/h5>\n<\/li>\n<\/ol>\n

   Employers may not permit immigration agents to enter into the non-public areas of the workplace. They will be allowed only if they provide a judicial warrant. The employer could allow an immigration agent into the non-public area in order to determine whether the agent has the warrant if none of the employees are present. However, the employer will not permit the agent to undertake a search on the area.<\/p>\n

   Any employer that violates this part will have to a pay a fine of $2 000 to $5 000 for the initial offense and $5 000 to $10 000 for the subsequent offenses unless the court found that the agent entered the non-public area without the consent of the employer.<\/p>\n

   \n
   1. \n

      Employee’s Records Reviewing<\/h5>\n<\/li>\n<\/ol>\n

      The employer may not permit the immigration officer to have access to the employee records unless the officer provides a judicial warrant or a subpoena. However, this provision does not apply to Form I-9, the document provided by the employee to the employer as a proof of identity and authorization of working in the US. Similar penalty as above is attached.<\/p>\n

      \n
      1. \n

         Form I-9 Inspection<\/h5>\n<\/li>\n<\/ol>\n

         Provided the employer received a notice of inspection from the federal government, the employer must inform the employee of the notice with a copy of the notice within 72 hours using the usual workplace communication medium. After all, the California Labor Commissioner has a template developed for this purpose.<\/p>\n

         After the employer has received the results of the inspection, the employer is given 72 hours to forward the results to the Commissioner. The same penalty is also attached.<\/p>\n

         Conclusion<\/h3>\n

         Since this is a new law, many employers may get stocked in the middle of the controversy between the state and federal government laws. Therefore, it is imperative that employers seek legal advice from an experienced lawyer in California so as to know how to exploit the immigration protection law to stay ahead of the game when the ICE agents step up their crackdown.<\/p>\n

         ---

         \n

         Photo Credit: cgstock \/ Shutterstock.com<\/p>\n","protected":false},"excerpt":{"rendered":"

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