California to charge Employers if they cooperate with ICE officials

This is the return shot after the DHS announced it will be pursuing Sanctuary Cities and States. How can the Attorney Geeneral of a State threaten employer with non-compliance of FEDERAL statues?

“There are new laws in place in California now in 2018 with the advent of 2018. I mentioned two of them specifically, AB 450 and SB 54. AB 450 in particular deals with the workplace in particular and how we go about treating the information about the workplace and employees at the workplace by employers,” Becerra explained. “What we’re trying to make sure is that employers are aware that in 2018, there is a new law in place.” Becerra then told the reporters gathered that ignorance of the new laws is not a defense.

The reporter followed up by asking if Becerra’s office would prosecute employers found to be in violation of AB 450. “We will prosecute those who violate [California] law,” the attorney general responded. The law Becerra is referring to, AB 450, is a complicated law that “puts employers in a difficult situation of having to comply with federal immigration law obligations on one hand and state law requirements on the other.”

Link

California has finally, after all of its bs, gone off the deep end...what are employers to do? Mayors saying they will go to jail to protect illegal aliens?

Link

“It is no surprise that the bully in chief is continuing to try to intimidate our most vulnerable residents,” said Schaaf, referring to President Donald Trump. “We’re very clear that our values are to protect all of our residents regardless of where we come from. We want to protect families, not tear them apart.”

Schaaf’s remarks came on a day when rumors were swirling that ICE planned to launch a series of Bay Area raids — arresting as many as 1,500 illegal aliens — because California has become a Sanctuary State and several communities have adopted Sanctuary City policies. “We are exercising our legal right to be a Sanctuary City and to protect our residents,” Schaaf told KPIX 5 of her opposition to ICE raids. “The fact that the federal government is suggesting that it is actively retaliating against jurisdictions that are exercising their right to have sanctuary policies — that is what is illegal.”

I have no words...

"Schaaf’s remarks came on a day when rumors were swirling that ICE planned to launch a series of Bay Area raids — arresting as many as 1,500 illegal aliens...."

They should start at every Home Depot or Lowe's parking lot...

originally posted by: matafuchs
This is the return shot after the DHS announced it will be pursuing Sanctuary Cities and States. How can the Attorney Geeneral of a State threaten employer with non-compliance of FEDERAL statues?

As long as the employee works for the state, and not the federal government, that employee has to obey the laws of the state.

California has finally, after all of its bs, gone off the deep end...what are employers to do? Mayors saying they will go to jail to protect illegal aliens?

It's not illegal aliens the state is protecting, they are protecting the states right to determine its own laws.

How can the Attorney Geeneral of a State threaten employer with non-compliance of FEDERAL statues?

They can't. What they can do is prohibit an employer from voluntarily consenting to ICE entering certain areas.

Under AB 450, employers are prohibited 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, except as specified.”

They also prohibit voluntarily going beyond what federal law requires.

Employers in California are also prohibited under AB 450 from “reverify[ing] the employment eligibility of a current employee at a time or in a manner not required by federal law.”

Your own source material probably would've prevented your gnashing of teeth over this.

And yea, I have problems with the law California has enacted. Just not the ones you're trying to make up.

a reply to: matafuchs

This will just drive more businesses out of California.

They're getting very good at that over there.

originally posted by: Shamrock6

They can't. What they can do is prohibit an employer from voluntarily consenting to ICE entering certain areas.

Under AB 450, employers are prohibited 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, except as specified.”

They also prohibit voluntarily going beyond what federal law requires.

Employers in California are also prohibited under AB 450 from “reverify[ing] the employment eligibility of a current employee at a time or in a manner not required by federal law.”

Your own source material probably would've prevented your gnashing of teeth over this.

And yea, I have problems with the law California has enacted. Just not the ones you're trying to make up.

Yes, I did read somewhere that in regard to immigration, both the state and the Federal government have duel role to play. I guess it will come down to money at the end where there is a need for the Federal government to pay the state where immingrants are involved in legal requiremnents, and resposibilities.

a reply to: matafuchs


Snitches get stiches.

originally posted by: watchitburn
a reply to: matafuchs

This will just drive more businesses out of California.

They're getting very good at that over there.

California is a beautiful state, but at this point I wouldn't set foot in that liberal dystopia. They are completely off the rails in their effort to destroy themselves.

California doesn't seem to realize that they're a state in a democratic republic. If they wish these laws to be valid, then they have every right to vote for them. But as it stands, the majority of the country disagrees. The California government needs a lesson in governing (surprise surprise).

I say lock up the criminals, whether it be governors, mayors, illegal immigrants, or arsonists. Criminals work against the society the rest of us consent to live in. Lock em up or kick em out.

a reply to: Metallicus

I agree,
I lived there for 8 years. Now I just visit when work sends me.

I think the reality is that if someone doesn't provide consent, then a court order would be produced anyway. All there doing is making sure that ICE has the order before they leave so the businesses don't get to question yes or no.

Camain

I was under the impression that both the state and feds are responsible for immigration laws/enforcement in border states? If true, who has the higher authority?

This sounds like a legal mess.

What it means is that the Feds must have a valid warrant to conduct a raid on a business.

I'm sure that businesses are consulting with their attorneys as this went to press. They will be prepared to abide by the law.

This is just grandstanding by silly state officials who will side with people in this country illegally rather then business owners.

a reply to: Shamrock6

My point is that the state of California is making its employers make a choice and it could be detrimental to the company as well as lead to arrests. Nothing is made up.

www.californiaemploymentlawreport.com...

AB450 - It is more than how you simplify it. Why should ICE need a warrant to look for illegal aliens? If a police officer suspects someone of a crime they can interview them. No need for a warrant. If during that conversation the person is found to be wanted he would be arrested. Seems that cannot happen now can it? Employers have to give notice of I-9 inspections. So what, the illegals with false docs can leave? It also says that they cannot 'reverify employment status or they get fined? How are the I-9's renewed then?

This puts the law enforcement officials in a very precarious position especially with grandstanding officials.

are there federal laws stating an employer must turn in illegal immigrants? it would be interesting if there is not, to put some in place. so at that point it would become, do you break the state law and go to prison, or break the federal law and go to prison? or do you just close down so you don't go to jail?

originally posted by: Wildbob77
What it means is that the Feds must have a valid warrant to conduct a raid on a business.

I'm sure that businesses are consulting with their attorneys as this went to press. They will be prepared to abide by the law.

This is just grandstanding by silly state officials who will side with people in this country rather then business owners.

How can you get a warrant for an unknown , undocumented, alien?

a reply to: matafuchs

Why should ICE need a warrant to look for illegal aliens?

Do you think law enforcement should be able to enter any non-public area just because they want to? I don't. And that's what the law tells employers they're not allowed to do: allow ICE to enter non-public areas just because they want to.

If a police officer suspects someone of a crime they can interview them.

Key word: suspects.

If during that conversation the person is found to be wanted he would be arrested. Seems that cannot happen now can it?

Key word: wanted.

This puts the law enforcement officials in a very precarious position especially with grandstanding officials.

And that's the problem I have with it.

a reply to: matafuchs

Good for them.
Fight the power.
Get the man.

If they can’t outright ban the feds, they can at least resist the thuggery.

States rights, you know....

a reply to: Shamrock6

Do you think ICE should be able to enter any non-public area just because they want to?

Yes. There is no need for a warrant. It is the choice of the employer. ICE is allowed to issue arrest warrants also but not search warrants. It is their job. Like it or not. A home is different if they do not have an arrest warrant and a person can simply not answer the door or say go away. However, a state government telling a workplace they better not assist in a federal investigation or they will be fined is crazy even if there is no warrant it to me not right. It puts the people simply trying to live day to day in the crosshairs and not the politicians passing BS laws.

www.nilc.org...

Immigration officers are not allowed to enter your workplace — whether it is a factory, store, high rise, farm, or orchard — without permission from the owner or manager. If an officer does get permission, the officer is free to ask you questions about your immigration status.

You have a right to keep silent. In most states, you don’t even have to tell the agent your name. Although you may want to provide your name only so your family or attorney can locate you. You also have the right to talk to a lawyer before you answer any questions. Y

You can tell the officer, “I wish to talk to a lawyer,” in response to any question the officer asks you. You do not need tell the immigration officer where you were born or what your immigration status is.

You do not have to show the officer your papers or any immigration documents. If the officer asks you for your papers, tell the officer, “I wish to talk to a lawyer.”

Probable cause. As an ICE agent you see the same truck pick up illegals and drive them to a business for a week. You then go to the employer to see if they are employing illegals. The employer is then protecting people who could be felons. That is obstruction. So, could the Fed then come back and arrest them on federal charges? Why not?

I believe in profiling also. Never have I had a problem with a cop running my ID. Did not matter when I used to drive a work friend home at 1 AM in the crack part of town. Being a 'white boy' as the cops put it in a black neighborhood I had a 98% chance to picking something up...or taking someone home. Statistically speaking.

I see prosecuted employers suing the state of calif in federal court and wining big time.

I also see the state paying out millions and the state employees that carry out these arrest of employers getting arrested by the feds for illegal arrests.