What to do if your boss threatens to call immigration

This page is about threats tied to immigration. Other kinds of payback at work are covered in What counts as illegal retaliation at work. This page is general information, not legal advice. DNLH is not a law office.

Is it legal for my boss to threaten to call immigration?

No, not to punish you for using your rights. California law says an employer may not report you, or threaten to report you, to immigration because you used a right at work. The same goes for a threat against a family member's status. The Labor Commissioner lists threats to contact immigration as a form of retaliation.

Rights you use at work include:

• Asking to be paid what you are owed, or complaining about pay
• Complaining about safety, harassment or unfair treatment
• Filing a complaint with a government office, or helping a coworker file one
• Telling coworkers about their rights
• Using paid sick days

California law calls these threats an unfair immigration related practice when they are used as payback. The same law also covers an employer who, to punish you:

• Asks for more or different papers than federal law requires
• Refuses papers that look real
• Uses E-Verify on you at a time or in a way federal law does not require
• Files, or threatens to file, a false report with the police or another agency

You have these rights whatever your immigration status. A threat does not erase them.

What does the new law, AB 2495, change?

Governor Newsom signed Assembly Bill 2495 on September 29, 2026 (Governor's office). It is Chapter 748 of 2026 and it rewrites Labor Code section 1019 (chaptered text). It is a scheduled law: it has no urgency clause, so it takes effect on January 1, 2027 (California Constitution, Article IV, section 8(c)).

What changes on January 1, 2027:

• More rights are covered. Today the ban protects you when you use a right under state labor law or a local work law. The new law adds rights under any local, state or federal law that covers workers, and it covers trying to use a right, too.
• Threats to scare you off are covered, even before you complain. A new part of the law makes it unlawful for an employer or anyone else to do anything tied to a person's perceived immigration status that would reasonably discourage that person from doing something they have a legal right to do. That part does not require a link to a complaint you already made.
• More people are protected. The law protects job applicants and former workers, and people who tell coworkers about their rights or help them use those rights.
• A new penalty. A violator can owe a civil penalty of up to $10,000 per worker or person for each violation.

What is already the law today does not wait for AB 2495. A threat used to punish you for speaking up is illegal now. File now if that is what happened. Ask a clinic whether something that happened before January 1, 2027 is covered by the old rule or the new one.

Is a threat like this also a crime? California's extortion law lists a threat to report someone's immigration status as one kind of threat that can make up extortion, for example a threat used to get money or force you to give something up (Penal Code 519). Whether it fits your case is a question for a lawyer. Talk with an immigration attorney before you go to the police.

What should I do right now?

1. Stay calm and do not argue. You do not have to answer questions about your status. Do not lie, and do not show false papers.
2. Write it down the same day. What was said, in the words used. Date, time, place. Who said it. Who else heard it. What happened just before, like asking for pay. Use the threat log.
3. Save proof. Keep texts, voice messages, emails and schedules. Take screenshots and send a copy to someone you trust.
4. Keep working if you can. Quitting in fear can make it harder to get lost pay back.
5. Make a family plan. Name who would pick up your children and who has copies of important papers. See Make a family preparedness plan.
6. Get advice before you act. Call a free workers' rights clinic and an immigration legal service. Ask both: "What are my risks, and what is my deadline?"
7. File a complaint if the threat came after you used a right at work. You have one year.

How do I file a complaint?

Most workers file a retaliation complaint with the California Labor Commissioner.

• Where: online, on the How to file a retaliation complaint page.
• Deadline: usually one year from the threat or the punishment.
• What you need: you do not need a Social Security number or photo ID. The Labor Commissioner says it does not ask about immigration status.
• Help: call 833-526-4636 to ask for help or an interpreter.

Bring your threat log, the dates you complained or asked for pay, and any proof.

If the threat came with a demand for papers, you can also file with the U.S. Department of Justice, Immigrant and Employee Rights Section. It takes charges about citizenship status discrimination, unfair document practices and retaliation. Call the worker hotline at 1-800-255-7688 (TTY 711). File within 180 days. The charge form comes in English, Spanish and nine other languages.

If you are also owed pay, file a wage claim too. See How to file a wage claim.

What can I get if I win?

If you were fired or punished for a protected complaint about pay, the law lets you ask for:

• Your job back, unless federal law blocks it
• The pay and benefits you lost
• A penalty against your employer of up to $10,000 per worker for each violation. From January 1, 2027, AB 2495 adds the same size penalty for immigration related practices under Labor Code 1019

If the punishment came within 90 days of your complaint, the law presumes it was retaliation. Your employer must then show another reason. For immigration related payback, a court can also suspend the business's state licenses for a period of time.

These rules come from California Labor Code sections 98.6, 244 and 1019.

What if I was already fired or my hours were cut?

You can still file. The one year clock starts from the firing or the cut.

• Write down the date and what you were told.
• Get your final pay. If you were fired, your employer owed you all your wages right away. See Getting your final paycheck.
• File the retaliation complaint and a wage claim if you are owed pay.
• Look for help with bills while you wait. See Lost your job and cannot get unemployment?

What if the threat is about my family?

The California rule covers that too. An employer may not report or threaten to report the status of your family members to punish you for using a right at work. Write down exactly what was said about your family, and include it in your complaint.

What if my boss says they "have to" check my papers now?

Sometimes a threat comes dressed up as paperwork: "Bring me new papers by Friday." An employer may recheck a work permit when it expires. It may not demand new papers just to scare you. See What papers your employer can ask for, and when they can recheck them. If your employer says the government is auditing everyone, see My employer is auditing everyone's work papers.

What mistakes should I avoid?

• Quitting in a panic. Get advice first.
• Showing false papers or lying. That can create a much bigger problem than the threat.
• Signing papers you do not understand, like a statement that you quit or a release of claims. See Should I sign a severance agreement?
• Waiting too long. The Department of Justice deadline is 180 days. The Labor Commissioner deadline is usually one year.
• Keeping proof only on a work phone or work computer. Keep copies on your own phone or at home.
• Paying someone who promises to "fix" your status. That is a common scam. See Warning signs of an immigration scam.

Questions people ask

Will filing a complaint get me deported? The Labor Commissioner says it does not ask about your status, and you can file without a Social Security number. Your employer could still act badly. That is why we suggest an immigration consult before you file.

Can I report the threat without giving my name? A retaliation complaint is about you, so your employer will know. Ask a clinic how to keep yourself safe during the case.

My boss pays me in cash. Am I still covered? Yes. These protections do not depend on how you are paid.

A coworker was threatened. Can I help? Yes. Helping a coworker learn their rights is protected too. Share this page and the clinic numbers below.

Can I get deferred action for reporting abuse at work? That federal program has changed. Read Is it safe to report workplace abuse to get deferred action (DALE)? before you count on it.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: retaliation complaints and wage claims, with phone interpreters. 833-526-4636.
• Legal Aid at Work, Workers' Rights Clinic: free and confidential, for people within its income limits or age 60 and over. East Palo Alto line: (415) 404-9093.
• San Mateo County Office of Labor Standards Enforcement: free, confidential Labor Advice Hotline, 1-866-870-7725.
• Community Legal Services in East Palo Alto: immigration legal help for low income residents of San Mateo and Santa Clara counties. (650) 326-6440.
• U.S. Department of Justice, Immigrant and Employee Rights Section: worker hotline 1-800-255-7688 (TTY 711).
• More options: Free legal help in the Bay Area and How to find a lawyer you can trust.

If agents come to your workplace, call your county's 24 hour rapid response line: San Mateo County (203) 666-4472, Santa Clara County (408) 290-1144. See Report immigration activity.

Is there a log I can print?

You came here to work and to care for the people you love. A threat is meant to make you feel alone. You are not. Take one step today.