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Bill

AB 1136

Employment: immigration and work authorization.

2025-2026 Regular Session Introduced by Josh Becker and 4 co-sponsors

California bill prohibits employers from requesting work authorization or immigration status during hiring except when federally mandated, aiming to reduce employment discrimination against immigrant workers.

Consideration of Governor's veto pending.
#employment #immigrationandworkauthorization
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Bill Summary · AB 1136

Legislative bill overview

AB 1136 modifies California employment law to prohibit employers from requesting work authorization documentation or immigration status information during hiring, except when required by federal law. The bill aims to reduce discrimination and barriers to employment for immigrant workers while maintaining compliance with federal I-9 verification requirements.

Why is this important

Approximately 2.6 million undocumented immigrants work in California. This bill would affect hiring practices across industries by limiting employer inquiries that may discourage qualified applicants from applying or lead to discriminatory screening. The veto indicates significant disagreement about employment eligibility verification procedures and the state's role in regulating them.

Potential points of contention

  • Federal-state conflict: Whether states can restrict employer inquiries mandated by federal I-9 requirements without creating compliance confusion or legal liability for employers
  • Enforcement mechanism: How violations would be proven and enforced, particularly distinguishing between lawful pre-employment inquiries and prohibited ones
  • Economic impact: Concerns about liability exposure for employers inadvertently requesting forbidden information or competing interpretations of "federal requirement" exceptions
  • Work authorization verification: Whether limiting inquiries compromises federal employment eligibility verification systems or creates gaps in compliance oversight

Compiled from official sources — confirm details with the bill’s official record.

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