How do California’s new immigration laws affect documenting eligibility to work?

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in Employment Background Check,Human Resources

Q. I have heard that the state’s new immigration laws restrict how we handle documenting an applicant’s right to work. Can you tell me more?

A. A.B. 263 outlines certain “unfair immigration-related practices.” Prohibited practices include:

  • Requesting more or different documents than required by federal I-9 rules
  • Refusing to honor documents that appear genuine
  • Using federal E-verify to check status in a manner not required or authorized under the program
  • Threatening to file or filing a false police report.

Employers should review and, if necessary, change their I-9 procedures.

Another new law, S.B. 666, says employers can’t punish employees for exercising their rights by threatening to expose illegal status. Doing so might dissuade employees from complaining about labor violations if they believe they or a relative might be deported as a consequence.

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