United States of America v. State of California et al

Filing 173

REQUEST for JUDICIAL NOTICE by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit Article, "We Will Prosecute", # 3 Exhibit AB 450 FAQs, # 4 Exhibit Article, "California Becomes Sanctuary State", # 5 Exhibit Press Release, Assemblymember David Chiu, # 6 Exhibit Press Release, Cal. Dep't of Justice)(Genova, Francesca) Modified on 6/11/2018 (Donati, J).

Governor Brown Signs Bill to Provide Labor Protections Against ICE Worksite Raids | O... Page 1 of 4

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Governor Brown Signs Bill to Provide
Labor Protections Against ICE
Worksite Raids
Thursday, October 5, 2017

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AB 450 -- The Immigrant Worker Protection Act -- continues CA’s challenge to Trump’s deportation machine
and goes further than any state to put worker protections into law
SACRAMENTO--Governor Brown today signed Assembly Bill 450 by Assemblymember David Chiu (D-San
Francisco), the Immigrant Worker Protection Act, that affirmatively protects workers from immigration
enforcement through disruptive workplace raids. AB 450 comes as arrests of immigrants with no criminal
record have more than doubled so far in 2017, and many advocates for immigrants fear that worksite raids
are next. The Act will take effect on January 1, 2018.
“Governor Brown understands that in an environment of division and fear, California must continue to defend
its workers, to guard its values, and to ensure that its laws protect all of our residents,” said
Assemblymember Chiu, a son of immigrants and a former civil rights attorney. “AB 450 demonstrates
California’s determination to protect our economy and the people who are working hard to contribute to our
communities and raise their families in dignity. At the same time, we are offering employers clarity about what
to do when ICE agents target their places of business with indiscriminate raids.”
California has not had a good history with worksite raids. Past raids occurred under the auspices of narrow
individual arrest warrants that ICE used to question and detain every single worker at a worksite, including
U.S. citizens and workers lawfully present - violating their basic constitutional rights.
“California has the chance to lead the nation and demonstrate that the answer to mindless hate and
indiscriminate targeting of immigrants is respect for every individual’s legal rights and due process,” said
David Huerta, SEIU USWW President. “By signing AB 450, the Governor stood up for fairness and the rule of
law. This measure not only protects workers from unfair detention, it also helps workers know their rights and
offers employers important clarity about appropriate action to take when ICE agents target their businesses
with indiscriminate raids. One in every 10 workers in California is an undocumented immigrant. Immigrants

https://a17.asmdc.org/press-releases/governor-brown-signs-bill-provide-labor-protections-a...

6/7/2018

Governor Brown Signs Bill to Provide Labor Protections Against ICE Worksite Raids | O... Page 2 of 4

pick our crops, prepare our meals, care for our children and elders, clean our buildings, and are woven into
the fabric of our workplaces, our economy, and our lives. California must take every step it can to ensure that
our workplaces do not become the site of illegal detention and wanton violations of workers’ rights.”
“Immigrant workers shouldn't have to live in fear on the job," said California Labor Federation Executive
Secretary-Treasurer Art Pulaski. "AB 450 builds on California's proud tradition of protecting all workers. Given
the threats immigrants face, this law is critical to California's efforts to keep workers safe and families from
being ripped apart."
Specific provisions of AB 450 include:
• Protecting workers from being wrongfully detained in their workplace by requiring employers to ask for
a judicial warrant before granting ICE access to a worksite.
• Preventing employers from sharing confidential employee information, such as a social security
number, without at least a subpoena.
• Requiring employers to notify employees both before an audit of employee records takes place and
also providing the employee with results of those audits.
• Prohibiting employers from reverifying the information on employment verification forms unless
specifically compelled to by federal law.
Nationwide, there are reports (http://www.usatoday.com/story/news/nationnow/2017/02/24/restaurant-immigration-raids/98360024/) of ICE agents descending on worksites
for mass roundups of immigrants. The Trump administration has called for hiring 10,000 more ICE
agents (https://www.nytimes.com/2017/02/25/us/ice-immigrant-deportations-trump.html?_r=0)
to expedite deportations. In California, workers have reported employers threatening to call
immigration authorities when workers attempt to exercise their rights to minimum wages, meal
breaks, or organizing activity that are protected by California law regardless of status.
As the Los Angeles Times (http://www.latimes.com/business/la-fi-immigrants-economic-impact20170223-story.html) has reported, ICE raids and Trump’s threats of mass deportation have sparked fear
among employers as well as immigrant communities. According to the Public Policy Institute of California
(http://www.ppic.org/main/publication_show.asp?i=818), over 2.6 million undocumented immigrants
reside in California. Undocumented workers make up 45 percent of California’s agricultural workforce and 21
percent of construction. In fact, almost 1 in every 10 workers in California is undocumented.
The Immigrant Worker Protection Act is sponsored by SEIU California and the California Labor Federation
and co-authored by State Senator Scott Wiener (D-San Francisco) and Assemblymembers Phil Ting (D-San
Francisco), Rob Bonta (D-Oakland), Lorena Gonzalez Fletcher (D-San Diego), and Miguel Santiago (D-Los
Angeles).

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Assemblymember David Chiu (D–San Francisco) is the Chair of the Housing & Community Development
Committee of the California State Assembly. He represents the 17th Assembly District, which encompasses
eastern San Francisco. Learn more at: https://a17.asmdc.org/ (https://a17.asmdc.org/)
MEETING REQUEST (/meeting-request)

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