Workplace Immigration Enforcement: What Tahoe Employers Need to Know
Cristi Creegan | March 27, 2025 | Community News
Share This
As an employer in California, understanding your rights and responsibilities during an immigration enforcement action is essential—especially in a state where federal and state laws don’t always align. To help businesses navigate this complex landscape, the Tahoe Chamber is sharing key guidance and resources on how to respond to immigration enforcement in the workplace.
🚨 When ICE Comes Knocking
Imagine a normal day at your business—until U.S. Immigration and Customs Enforcement (ICE) serves a Notice of Inspection. From that moment, you have three business days to produce your employees’ Forms I-9. This can be an intimidating situation, especially when California law provides specific protections that may seem to conflict with federal requirements.
🛡 California’s Immigrant Worker Protection Act (AB 450)
California’s law was designed to protect workers from surprise immigration enforcement. Under this law, employers are required to notify employees within 72 hours of receiving notice of an ICE inspection. After the inspection, employers must also provide notice to any affected employees identified as having issues with work authorization.
⚖ Know Your Rights as an Employer
Even during an ICE enforcement action, you have rights:
-
❌ Without a criminal warrant, you’re not required to let ICE agents enter your business premises.
-
🧾 You’re not obligated to speak to agents unless legally required.
-
🔐 Commercial properties and offices are not public spaces—you can request a warrant for entry.
Being informed helps you avoid unnecessary missteps that could result in costly penalties.
✅ Stay Proactive with I-9 Audits
Employers are allowed (and encouraged) to conduct their own internal audits of Form I-9s to ensure compliance—but do it right. Never alter forms using correction fluid or attempt to conceal changes. All updates must be transparent and properly documented.
To help with this, Sheppard Mullin has created a Guidance for Responding to ICE Enforcement Actions, and HRCalifornia offers an Immigration Enforcement Checklist for employers navigating these challenges under California law.
Sheppard-Mullin-Guidance-Responding-to-ICE-Enforcement-Actions📚 Helpful Resources for Tahoe Employers
Here are a few top resources to keep you informed and prepared:
-
Notice to Employee: Government Inspection of Employment Eligibility Records (English & Spanish)
-
Preparing for Potential Immigration Enforcement in the Workplace – Webinar (Feb 26, 2025)]
-
The Workplace Podcast: I-9 Audits & Raids – What Employers Need to Know
💬 Have a Topic in Mind?
Is there an HR, legal, or compliance topic you’d like us to cover? Let us know! Your ideas help us create valuable content for the Tahoe Chamber business community.
For more information and ongoing updates, visit tahoechamber.org. Together, we can ensure our local employers stay informed, compliant, and supported.