‘We will prosecute’ employers who help immigration sweeps, California AG says

Tsing Tao said:
Sure, if they write it.
More...

They can't be idiots all their lives like some.

maxresdefault-1481315060.jpg
 
Last edited:
Tsing Tao said:
We had the option to open a location in California last year through a merger with a CA company. We declined it - just too expensive, too radical and risky. Now that the tax changes are driving people and companies away, what do you think this will do? The California AG threatens to fine employers if they assist ICE in investigations? Are you kidding me? What a bunch of certifiable fruit loops!

--------
‘We will prosecute’ employers who help immigration sweeps, California AG says
BY ANGELA HART

ahart@sacbee.com

January 18, 2018 02:29 PM

Updated January 18, 2018 03:58 PM

The state’s top cop issued a warning to California employers Thursday that businesses face legal repercussions, including fines up to $10,000, if they assist federal immigration authorities with a potential widespread immigration crackdown.

“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,” state Attorney General Xavier Becerra said at a news conference. “We will prosecute those who violate the law.”

Becerra’s warning comes as fears spread of mass workplace raids following reports that immigration agents plan to target Northern California communities for deportations due in part to the state’s “sanctuary” law, which seeks to restrict local law enforcement agencies’ ability to cooperate with immigration authorities.

Immigration and Customs Enforcement’s acting director Thomas Homan told a Fox News host earlier this month that “California better hold on tight... If the politicians in California don’t want to protect their communities, then ICE will,” prompting a query from Sens. Dianne Feinstein and Kamala Harris to brief them on how raids are prioritized.

Becerra repeatedly referred to the reports as “rumors,” and said the state Department of Justice was not aware of planned sweeps targeting Northern California, in particular.

Becerra said the state Department of Justice and the state Labor Commissioner’s Office plan to issue formal guidance to all California employers, public and private, notifying them of their responsibilities under a new state law called the “Immigrant Worker Protection Act,” signed by Gov. Jerry Brown last year that took effect Jan. 1. It seeks to prevent all workers, regardless of immigration status, from being detained at workplaces.

Authored by San Francisco Democratic Assemblyman David Chiu, the bill:

▪ 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.

▪ Prohibits employers from re-verifying information on employment verification forms, unless compelled to by federal law.
More...
I don't think this will pass constitutional muster. However, it will have an effect on California businesses. This is just another example that for liberals, the end almost always justifies the means.
 
Awesome. As usual, California is working full time for the Nevada Economic Development Commission.

Of course, y'all know they want those dollars to stave off Moonbeam's plan to cut the public pension funds.


top-7-strangely-unique-things-that-sank-with-titanic.jpg
 
this seems to be the new law..

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB450

SEC. 5.
Section 1019.2 is added to the Labor Code, to read:


1019.2.
(a) Except as otherwise required by federal law, a public or private employer, or a person acting on behalf of a public or private employer, shall not reverify the employment eligibility of a current employee at a time or in a manner not required by Section 1324a(b) of Title 8 of the United States Code.
(b) (1) Except as provided in paragraph (2), an employer who violates subdivision (a) shall be subject to a civil penalty of up to ten thousand dollars ($10,000). The penalty shall be recoverable by the Labor Commissioner.
(2) The actions of an employer that violate subdivision (a) and result in a civil penalty under paragraph (1) shall not also form the basis for liability or penalty under Section 1019.1.
(c) In accordance with state and federal law, nothing in this chapter shall be interpreted, construed, or applied to restrict or limit an employer’s compliance with a memorandum of understanding governing the use of the federal E-Verify system.
 
this seems to be a conflicting Federal Law.


https://www.uscis.gov/working-unite...employees/information-employers-and-employees
Information for Employers and Employees
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see the “I-9 Central” page.

As an employer, you may require the services of a foreign national (alien) to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification. You may choose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.

Employees
No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.

US Federal Tax Information
Employers who employ foreign workers may be subject to special U.S. Tax withholding rules.

Aliens employed in the U.S. may have a U.S. tax obligation. Please see the Internal Revenue Service (IRS) for more information.

Additional Information
  • General employer information: 1-800-357-2099
 
the articles I just read pointed to the above 2 laws as the controlling laws. If that is true...

You can see that Calfornia's law either conflicts with Federal Law or is meaningless.

The federal law says you must check those they employ or continue to employ.
So how can CA argue you can't reverify except as otherwise provided by Federal Law?

Federal Law (the exception) swallows the entire state law because and employer must always check those it wishes to continue to employ.
 
You must log in or register to reply here.
Back
Top