California’s Immigrant Worker Protection Act (AB 450) imposes specific requirements and prohibitions on employers regarding worksite inspections by immigration enforcement agents. It also requires employers to provide specific notices to employees if they receive a Notice of Inspection of I-9 Employment Eligibility Verifications Forms or other employment records. With the number of inspections expected to increase over the coming year, employers should familiarize themselves with AB 450’s prohibitions and requirements. Below are a few key points to keep in mind: 

• Prohibition on Voluntary Consent: Employers cannot provide voluntary consent for immigration enforcement agents to enter nonpublic areas of the workplace or to access, review, or obtain employee records without a judicial warrant, subpoena, or Notice of Inspection. 

• Notice Requirements: Employers must notify employees within 72 hours of receiving a Notice of Inspection of I-9 forms or other employment records. This notice must include details about the inspection and be posted in the language normally used to communicate employment-related information. 

• Penalties for Non-Compliance: Violations of AB 450 can result in civil penalties ranging from $2,000 to $10,000 per violation. 

The California Labor Commissioner provides a Notice Template that employers can use to comply with employee notice requirements and detailed FAQs. 

A few compliance best practices include: 

• Train Staff: Ensure that all managers and employees are trained on the requirements of AB 450, including how to handle visits from immigration enforcement agents and the importance of not providing voluntary consent without proper legal documentation. 

• Designate Nonpublic Areas: Clearly mark and restrict access to nonpublic areas of the workplace. This can include offices where employee records are kept or areas designated for employees only. 

• Develop a Response Plan: Create a detailed response plan for handling immigration enforcement actions. This plan should include steps for verifying warrants, notifying employees, and consulting legal counsel. 

Immigration compliance is more complicated than ever, and ensuring your operation is ready for immigration-related actions is critical. To help navigate these complexities and ensure compliance, join Western Growers in Salinas on April 2, 2025, for our ‘Get Ready for ICE: Essential Tips for Mitigating Risk’ seminar. Register here.