Important Updates
Important Updates
October 30, 2025 | PanamaPanama: Government Reporting Requirement Enforced; Strict Penalties May Apply
October 30, 2025 | Panama Panama: New Law Creates Special Travel Document for Investors
October 30, 2025 | ChinaChina: Physical Social Security Card to Continue to Be Issued
October 30, 2025 | ChinaMainland China: Work Permit and Social Security Cards Integrated Under New Enhanced System
October 30, 2025 | 🌐Minimum Salary Changes Announced
October 30, 2025 | PanamaPanama: Government Reporting Requirement Enforced; Strict Penalties May Apply
October 30, 2025 | Panama Panama: New Law Creates Special Travel Document for Investors
October 30, 2025 | ChinaChina: Physical Social Security Card to Continue to Be Issued
October 30, 2025 | ChinaMainland China: Work Permit and Social Security Cards Integrated Under New Enhanced System
October 30, 2025 | 🌐Minimum Salary Changes Announced
October 30, 2025 | PanamaPanama: Government Reporting Requirement Enforced; Strict Penalties May Apply
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

State of California Remains Blocked from Enforcing Certain Provisions of AB 450

April 19, 2019

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 appeals court has affirmed a lower court’s decision to block California from enforcing provisions of a state law that would penalize employers who allow immigration enforcement agents to access nonpublic areas of a worksite or employee records without a judicial warrant or subpoena.
  • The state can, however, continue to enforce the provisions that require employers to give notice to employees and their labor unions before and after a federal inspection of I-9 forms.

A closer look

The Ninth Circuit Court of Appeals has affirmed a July 2018 district court decision that temporarily blocks the State of California from enforcing several provisions of the Immigrant Worker Protection Act (AB 450) which seek to penalize employers who allow immigration enforcement agents to enter nonpublic worksite areas or access employee records without a judicial warrant or subpoena. The Court also upheld the lower court’s decision to allow California to enforce a provision that requires employers to notify employees and their labor unions before and after government I-9 inspections.

Yesterday’s decision was issued in U.S. v. California, a lawsuit filed by the U.S. Department of Justice to challenge the validity of AB 450, as well as AB 103 and SB 54, two other California laws relating to immigration enforcement. Though the Ninth Circuit largely upheld the July district court ruling, including those involving SB 54, a state law relating to immigration detention authority, it remanded back to the lower court a provision in AB 103 relating to the apprehension and transfer of immigration detainees.  

How the court rulings affect 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 continues to be 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 continues to be 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.
  • Reverifying employment eligibility:  Current federal law requires employers to conduct reverification before an employee’s existing work authorization expires. California continues to be 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 written notice 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. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

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

© 2025 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.