SB 1971

This bill prohibits a state or local law enforcement agency from assist ing , participat ing in, or facilitat ing any immigration enforcement action within a private workplace unless the enforcing authority presents a valid judicial warrant authorizing entry. As used in such prohibition, a "private workplace"" means a business location, facility, or property not open to the general public, including non-public work areas . However, an administrative warrant, civil detainer, or notice issued by a federal immigration authority does not satisfy the requirements of the above paragraph. Further, a n employee of a private workplace without actual authority over the premises cannot consent to an enforcement action within a private workplace. Any such consent is invalid. PROTECTION OF BUSINESS OWNERS AND EMPLOYEES This bill prohibits a business owner, manager, or employee from be ing penalized, cited, or sanctioned under state or local law for refusing entry to a federal immigration authority absent a judicial warrant. A state or local agency must not retaliate against a business for exercising rights under this bill. PROHIBITION ON STATE RESOURCE USE This bill prohibits a state or local agency from ( i ) p rovid ing access to non-public business areas, ( ii ) p rovid ing employee records or schedules, or ( iii ) p articipat ing in questioning, detaining, or escorting individuals within a private workplace for immigration enforcement purposes absent a judicial warrant. NOTICE OF RIGHTS This bill requires the department of labor and workforce development to develop and distribute a model workplace notice informing businesses and employees of their rights under this bill, including the right to refuse entry absent a judicial warrant. ENFORCEMENT AND REMEDIES This bill provides that e vidence obtained in violation of this bill is inadmissible in any state or local court proceeding. A business or individual aggrieved by a violation of this bill may seek declaratory or injunctive relief. However, t his bill does not create criminal liability for any law enforcement officer. APPLICABILITY This bill clarifies that its provisions do not (i) p rohibit federal immigration enforcement conducted pursuant to a valid judicial warrant, (ii) r egulate federal officers directly, o r (iii) l imit enforcement actions in areas of a business that are open to the general public."