Justice Department Sues to Block California Worksite Enforcement Law and Other Immigration Measures
March 7, 2018
At a glance
- The Justice Department has asked a federal court to invalidate AB 450, the Immigrant Worker Protection Act, and two other state immigration laws, arguing that they are preempted by federal law.
- Though the California statutes remain in effect, the Justice Department is seeking a preliminary injunction, which, if granted, would suspend the enforcement of AB 450 and related laws while the lawsuit goes forward.
A closer look
In a federal lawsuit filed Tuesday, the Justice Department is seeking a permanent injunction against three California immigration laws:
- AB 450, the Immigrant Worker Protection Act, which prohibits employers from allowing immigration enforcement agents to enter nonpublic areas of a worksite without a judicial warrant or to access employee records without a subpoena or judicial warrant, among other obligations;
- AB 103, which requires the California Attorney General to inspect ICE detention centers and limits the federal government's ability to contract with local agencies to detain noncitizens for purposes of civil immigration custody; and
- SB 54, the California Values Act, which bars local governments from detaining individuals solely to transfer them to ICE custody.
The lawsuit, which asserts that the three state laws are preempted by federal immigration statutes, is part of the Trump Administration’s implementation of a 2017 executive order aimed at restricting so-called sanctuary jurisdictions.
What the lawsuit means for employers
The lawsuit does not have an immediate impact on enforcement of AB 450 or related laws. Employers remain subject to the worksite obligations of AB 450, but enforcement of the law could be suspended if a federal court grants the Justice Department’s request for a preliminary injunction while the case goes forward.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Media mentions
Partner Daniel Pierce shares how a Supreme Court visa denial case could impact challenges to employment-based visa denials.
Awards
Partner Kevin Miner is selected by the Daily Report as a finalist in the “Legal Innovators” category of the publication’s 2024 Southeastern Legal Awards.
Blog post
This blog considers how employer sponsorship of long-term residence permits in Europe could be a means for retaining their talent.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Blog post
This blog discusses Australia's Resident Return visa and its associated "compelling reasons" criteria.
Blog post
Senior Associate Sarah Melnick discusses the available immigration options for individuals not selected in this year's H-1B Cap Lottery.
Media mentions
Partner Daniel Pierce shares how a Supreme Court visa denial case could impact challenges to employment-based visa denials.
Awards
Partner Kevin Miner is selected by the Daily Report as a finalist in the “Legal Innovators” category of the publication’s 2024 Southeastern Legal Awards.
Blog post
This blog considers how employer sponsorship of long-term residence permits in Europe could be a means for retaining their talent.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Blog post
This blog discusses Australia's Resident Return visa and its associated "compelling reasons" criteria.
Blog post
Senior Associate Sarah Melnick discusses the available immigration options for individuals not selected in this year's H-1B Cap Lottery.