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President Trump Signs Executive Order, “Protecting the American People Against Invasion”

CATEGORY: Special Bulletins
CLIENT TYPE: Nonprofit, Public Education, Public Employers, Public Safety
PUBLICATION: LCW Special Bulletin
DATE: Jan 29, 2025

On January 20, 2025, President Donald Trump signed an Executive Order (EO) titled “Protecting the American People Against Invasion,” which makes significant changes to U.S. policies concerning immigration enforcement.

The EO revokes several executive orders issued under previous administrations related to federal immigration policy and directs federal agencies to prioritize the removal of undocumented immigrants, particularly those who are deemed to pose a threat to public safety and national security. The EO specifically mandates the Department of Homeland Security (DHS), through and by Immigration and Customs Enforcement (ICE), to focus on enforcing immigration laws and executing final orders regarding the removal of undocumented immigrants.

This Executive Order will likely impact employers in California, including but not limited to state and local law enforcement agencies.

I. Increased Immigration Enforcement

The EO authorizes state and local law enforcement officials to investigate, apprehend, and detain undocumented individuals. Despite the EO’s authorization, California state and local agencies’ immigration enforcement abilities are limited by the parameters within the “California Values Act.”  Additionally, the “California Truth Act” requires that law enforcement  provide written consent forms to detainees if ICE requests an interview, and the “California Trust Act” limits when local law enforcement can detain individuals based on an ICE hold. The California Department of Justice’s Law Enforcement Division recently issued a bulletin with updated guidance for state and local law enforcement agencies regarding their responsibilities under these laws.

II. Workplace Implications

Additionally, the EO mandates that ICE increase workplace raids and employment eligibility verification audits to enforce immigration laws.

Employers should review the Form I-9 that they maintain for employees, which verify employment eligibility, to ensure they have complete and accurate documentation in the event of a workplace raid or audit.

Employers should also note that California Labor Code section 90.2 requires that employers notify an employee within 72 hours following a federal agency’s request to inspect an employee’s Form. The EO also instructs DHS to ensure that all employment authorization complies with immigration laws and is not provided to unauthorized individuals.

Pursuant to the EO, DHS must verify that work permits are not provided to individuals who lack proper legal immigration status, regardless of whether the individual has a pending immigration application.

If implemented, this directive to DHS would likely substantially limit the number individuals who are eligible to work in the United States legally. However, at present, it is not clear how the directive would apply to individuals who possess work permits, but have a pending immigration application, such as asylum or green card applicants.

Further, it is not clear whether the Trump Administration will amend immigration regulations that currently permit otherwise undocumented immigrants to obtain work permits.

III. Potential Penalties for “Sanctuary” Jurisdictions

Additionally, the EO threatens to deny federal funds to “sanctuary” jurisdictions that interfere with federal immigration enforcement actions and authorizes the U.S. Attorney General and DHS to impose civil or criminal penalties on such “sanctuary” jurisdictions. It is still unclear yet what kind of federal funds the Trump administration would withhold.

California employers should note that Section 7285.1 of California’s Government Code law currently prohibits employers from voluntarily allowing ICE agents to access to non-public areas of their workplaces or employee records without a judicial warrant.

An employer may take an agent to a non-public area, where employees are not present, for the purpose of verifying the warrant.

Additionally, Section 7285.2 of California’s Government Code law prohibits employers from allowing ICE agents to access, review, or obtain the employer’s employee records without a subpoena or judicial warrant.

Employers must comply with a judicial warrant or subpoena, and when confronted with such a warrant or subpoena, should consider seeking guidance from legal counsel to evaluate the request and determine the appropriate response.

Liebert Cassidy Whitmore attorneys are closely monitoring developments in relation to this Special Bulletin and are able to advise on the impact this could have on your organization. If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.

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