Important Updates
Important Updates
February 10, 2026 | Italy, United KingdomCNN: These Americans Are Clinging to Hope for Italian Citizenship
February 12, 2026 | MaltaMalta: Pre-Departure Course Required for New Single Permit Applicants
February 12, 2026 | South AfricaSouth Africa: Electronic Travel Authorization Requirement Updates
February 12, 2026 | 🌐Worldwide: Ramadan Will Bring Immigration Processing Delays
February 11, 2026 | United StatesUnited States: February 2026 DOL PERM and PWD Processing Times
February 10, 2026 | Italy, United KingdomCNN: These Americans Are Clinging to Hope for Italian Citizenship
February 12, 2026 | MaltaMalta: Pre-Departure Course Required for New Single Permit Applicants
February 12, 2026 | South AfricaSouth Africa: Electronic Travel Authorization Requirement Updates
February 12, 2026 | 🌐Worldwide: Ramadan Will Bring Immigration Processing Delays
February 11, 2026 | United StatesUnited States: February 2026 DOL PERM and PWD Processing Times
February 10, 2026 | Italy, United KingdomCNN: These Americans Are Clinging to Hope for Italian Citizenship
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Federal District Court Enjoins Enforcement of Portions of California AB450

July 5, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • A federal court has temporarily blocked the State of California from penalizing any employer who allows an immigration enforcement agent to access nonpublic areas of a worksite or employee records without a judicial warrant or subpoena.
  • California may continue to enforce a provision that requires employers to give notice to employees and their labor unions before and after a federal inspection of I-9 forms.

A closer look

A federal district court has temporarily blocked the State of California from enforcing several key provisions of AB 450, a state law that seeks to prohibit employers from allowing immigration enforcement agents to enter nonpublic areas of a worksite or access employee records without a judicial warrant or subpoena, among other obligations.

The order was issued in U.S. v. California, a lawsuit filed by the U.S. Department of Justice earlier this year to challenge the validity of AB 450 and two other California immigration laws.   The court determined that most of AB 450 was likely to be preempted by federal law, but it left in place a provision that requires employers to notify employees and their labor unions before and after government I-9 inspections. 

The court also declined to enjoin two other state immigration statutes – 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 for civil detention of foreign nationals; and SB54, which bars local governments from detaining individuals solely to transfer them to ICE custody.

How the court order affects employers

  • Giving employees notice of I-9 inspections:  Employers continue to be subject to a requirement to notify employees before and after a government inspection of I-9 forms or other employment records.  The notice obligation is discussed in more detail below.
  • Granting worksite access to immigration enforcement agents:  California is temporarily enjoined from enforcing a provision that prohibits employers from allowing enforcement agencies to enter nonpublic worksite areas without a judicial warrant.  Until further notice, employers will not violate state law if they grant access to an immigration enforcement agent who does not have a warrant. However, employers may choose to require a warrant before admitting an enforcement agent.
  • Granting immigration enforcement agencies access to employment records:  California is temporarily blocked from enforcing a provision that prohibits employers from allowing immigration enforcement agents to access, obtain or review employee records without a subpoena or judicial warrant.  Until further notice, employers will not violate the state law if they allow an enforcement agent to access employee records without a subpoena or warrant.  However, employers may choose to require a subpoena or warrant before granting access to records.
  • Reverification of employment eligibility:  Current federal law requires employers to conduct reverification before an employee’s existing work authorization expires.  California is temporarily blocked from imposing state penalties on employers for reverifying work eligibility at a time or in a manner not required by federal law.

Complying with notice obligations before and after immigration inspections

As noted above, employers remain subject to the notice provisions of AB 450.  In order to comply with the state law, employers must continue to:

  • Notify employees and labor union representatives before an inspection.  Within 72 hours of receiving a government Notice of Inspection of Form I-9 or other employee records, employers must notify employees and labor union representatives of the federal agency conducting the inspection, the date the employer received the notice of inspection, and the nature of the inspection, and must also provide a copy of the government inspection notice.  The employer must also provide potentially affected employees with a copy of the notice if reasonably requested.
  • Provide affected employees and their union representatives of the government’s inspection results within 72 hours of receipt.  After the inspection, employers have 72 hours to give affected employees written notice of the results of the inspection, the timeframe for correcting deficiencies, the time and date of any meeting with the employer to correct deficiencies, and notice that the employee has a right to representation during any scheduled meeting with the employer.


Employers with questions about complying with the notice provisions of AB 450 should contact their designated Fragomen professional or the firm’s Government Strategies and Compliance Group.  Fragomen is closely tracking U.S. v. California and will provide further updates as developments occur.

This alert is for informational purposes only.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Media mentions

Games Industry: Tightening Immigration Rules Will Impact the Games Industry in 2026

Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.

Learn more

Media mentions

Global Mobility Lawyer: Talent Fault Line: How Modern Risks Are Reshaping Global Mobility

Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.

Learn more

Video

Ireland Employment Permit Salaries: Hiring and Renewal Risks for Employers

Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.

Learn more

Video

Samba, Stamps and Seleção: Moving Football Across South America | #FragomenFC - Ep. 14

In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.

Learn more

Blog post

§ 45c AufenthG: Neue Informationspflicht für Arbeitgeber bei Anwerbung aus dem Ausland

Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

Migration After Brexit: What the UK Can Learn from the EU’s Talent Strategy

UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.

Learn more

Media mentions

Gazeta Prawna: Dodatkowa przeszkoda w delegowaniu pracowników

Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Media mentions

Games Industry: Tightening Immigration Rules Will Impact the Games Industry in 2026

Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.

Learn more

Media mentions

Global Mobility Lawyer: Talent Fault Line: How Modern Risks Are Reshaping Global Mobility

Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.

Learn more

Video

Ireland Employment Permit Salaries: Hiring and Renewal Risks for Employers

Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.

Learn more

Video

Samba, Stamps and Seleção: Moving Football Across South America | #FragomenFC - Ep. 14

In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.

Learn more

Blog post

§ 45c AufenthG: Neue Informationspflicht für Arbeitgeber bei Anwerbung aus dem Ausland

Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

Migration After Brexit: What the UK Can Learn from the EU’s Talent Strategy

UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.

Learn more

Media mentions

Gazeta Prawna: Dodatkowa przeszkoda w delegowaniu pracowników

Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.