California Employers: Stuck Between Federal and State Form I-9 Laws. What is California’s AB 450?

With growing federal employment immigration enforcement, California Governor Jerry Brown recently signed into law AB-450, the California Immigration Worksite Enforcement Act.  AB-450 imposes requirements on all California employers when complying with federal immigration laws related to Form I-9, Employment Eligibility Verification.

AB-450 prohibits employers from voluntarily permitting federal Department of Homeland Security (DHS) agents to search nonpublic areas of a worksite or accessing or reviewing any employee personnel records absent a judicial warrant, subpoena, or court order.

Further, when DHS agents arrive at an employer’s door demanding entry to conduct a “random” worksite Form I-9 audit, employers are prohibited from complying, absent a Notice of Inspection, and must invoke the federal “72-