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Caught in the middle: California businesses increasingly face conflicting immigration laws

By in Press Enterprise on January 31, 2018

By CALmatters

By Elizabeth Aguilera, CALmatters

Growing tension between California and the federal government over immigration has business owners in the crosshairs, worried about the potential effect on their enterprises and unsure which laws they should follow.

Those in immigrant-dependent industries, such as hospitality and agriculture, say conflicting messages from the state, with its new laws to protect undocumented residents, and the federal government, which is cracking down on people in the U.S. illegally, puts them in an especially tough spot.

“It’s a bit scary to be caught in the middle of a stand-off between the feds and local law enforcement,” said Sharokina Shams, spokeswoman for the California Restaurant Association.

California farm workers tend to the fields. Photo: Bob Nichols/USDA

On Jan. 2, the interim director of Immigration and Customs Enforcement said California should “hold on tight,” because he planned to send in a flood of agents and conduct more actions to counter the state’s new “sanctuary” law. That law, which took effect Jan. 1, limits local and state law enforcement agencies’ cooperation with federal authorities.

ICE also recently raided nearly 100 7-Eleven franchises across the country and arrested 21 people. If that happened in California, the store owners would be required under a separate law to request warrants and subpoenas.

That law, called the Immigrant Worker Protection Act, also went into effect Jan. 1. It requires that employers admit immigration officials to a worksite only if the agents have a warrant; keep workers’ confidential information private in the absence of a subpoena; and notify their workers before a federal audit of employee records takes place.

State Attorney General Xavier Becerra announced on Jan. 18 that his office would go after employers who share information about workers in contradiction of the new law and they could face prosecution, including fines of up to $10,000.

“We want to protect people’s rights to […]    

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