California 2017-2018 Regular Session Status: In Committee

AB 2827 — Employment regulation: immigration enforcement.

Last action — In committee: Set, first hearing. Held without recommendation.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law imposes various requirements on public and private employers with regard to federal immigration agency worksite enforcement actions, including, except as otherwise required by federal law, prohibiting an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant or to access, review, or obtain the employer's employee records without a subpoena or court order, except as specified. Existing law, except as specified, subjects an employer who violates these prohibitions to civil penalties of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, to be enforced by the Labor Commissioner or the Attorney General in a civil action. This bill would authorize an employer to provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor, in the absence of a federal law requirement. The bill would define "voluntary consent" for those purposes. The bill would delete the penalties for a violation of entry and record access provisions. The bill would require a court to grant a prevailing defendant court costs and reasonable attorney's fees. Existing law, except as required by federal law, requires an employer to provide a current employee notice containing specified information, by posting in the language the employer normally uses to communicate employment information, of an inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving the federal notice of inspection. Existing law requires an employer, upon reasonable request, to provide an affected employee a copy of the notice of inspection of I-9 Employment Eligibility Verification forms. Existing law requires the Labor Commissioner, by July 1, 2018, to create a template for these purposes and make it available, as specified. Existing law requires an employer to provide to a current affected employee, and to the employee's authorized representative, if any, a copy of the written immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee arising from the action, as specified. Existing law defines "affected employee" for these purposes. Existing law prescribes penalties for failure to provide the notices of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, except as specified, to be collected by the Labor Commissioner. This bill would delete those penalties. Existing law, except as required by federal law, prohibits an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law. Existing law prescribes a penalty of up to $10,000 for a violation of this prohibition to be recoverable by the Labor Commissioner. This bill would modify that prohibition to allow reverification if the employer receives specific and articulable information that causes the employer to believe reverification is necessary. The bill would delete the penalties for a violation.

Bill Text

Action History

  1. In committee: Set, first hearing. Held without recommendation.

  2. Re-referred to Com. on L. & E.

  3. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  4. Referred to Coms. on L. & E. and JUD.

  5. From printer. May be heard in committee March 19.

  6. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

immigration labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2827 do?
Existing law imposes various requirements on public and private employers with regard to federal immigration agency worksite enforcement actions, including, except as otherwise required by federal law, prohibiting an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant or to access, review, or obtain the employer's employee records without a subpoena or court order, except as specified. Existing law, except as specified, subjects an employer who violates these prohibitions to civil penalties of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, to be enforced by the Labor Commissioner or the Attorney General in a civil action. This bill would authorize an employer to provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor, in the absence of a federal law requirement. The bill would define "voluntary consent" for those purposes. The bill would delete the penalties for a violation of entry and record access provisions. The bill would require a court to grant a prevailing defendant court costs and reasonable attorney's fees. Existing law, except as required by federal law, requires an employer to provide a current employee notice containing specified information, by posting in the language the employer normally uses to communicate employment information, of an inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving the federal notice of inspection. Existing law requires an employer, upon reasonable request, to provide an affected employee a copy of the notice of inspection of I-9 Employment Eligibility Verification forms. Existing law requires the Labor Commissioner, by July 1, 2018, to create a template for these purposes and make it available, as specified. Existing law requires an employer to provide to a current affected employee, and to the employee's authorized representative, if any, a copy of the written immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee arising from the action, as specified. Existing law defines "affected employee" for these purposes. Existing law prescribes penalties for failure to provide the notices of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, except as specified, to be collected by the Labor Commissioner. This bill would delete those penalties. Existing law, except as required by federal law, prohibits an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law. Existing law prescribes a penalty of up to $10,000 for a violation of this prohibition to be recoverable by the Labor Commissioner. This bill would modify that prohibition to allow reverification if the employer receives specific and articulable information that causes the employer to believe reverification is necessary. The bill would delete the penalties for a violation.
Who sponsors AB 2827?
AB 2827 is sponsored by Travis Allen.
What is the current status of AB 2827?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2827?
Track AB 2827 free on One Click Politics — get push/email alerts when it moves.

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