Thread: CA Assemblyman Wants CA to Grant Work Permits to Illegal Aliens

Immigrant work permit advocate to visit Fremont

By Matt O'Brien


Bay Area News Groupmercurynews.com

Posted: 07/18/2012 09:05:05 AM PDT
July 18, 2012 5:12 PM GMTUpdated: 07/18/2012 10:12:02 AM PDT



FREMONT — A Coachella Valley lawmaker will visit the Bay Area this week promoting his plan to give special work permits to California's farm and service workers who are in the country illegally.
Assemblyman Manuel Pérez, D-Indio, will stop at a Fremont church on Saturday to build support for the bill he introduced in the Legislature earlier this year.
The measure would make California the first state to grant its own work permits to undocumented immigrant laborers if they meet certain requirements and pay a state fee. Most estimates show at least half of California's farm workers are immigrants here illegally.
Pérez introduced the bill in January but pulled it back several weeks ago to talk more with farmers and labor and industry groups about the plan, spokeswoman Amy Wilson said.
"He just didn't want to rush it, basically," Wilson said, explaining that Pérez plans to introduce another bill with slight amendments after the Assembly's summer recess ends.
Pérez will hold Spanish-language meetings in Fresno and Salinas before his visit to the East Bay on Saturday. The Fremont meeting begins at 5:30 p.m. at Our Lady of Guadalupe Church, 41933 Blacow Rd.

Immigrant work permit advocate to visit Fremont - San Jose Mercury News

OMG... where are Obozo, Holder and Janet from another plant ? When can we expect lawsuits against Cali to start flying? Oh wait, this is exactly what they want.

Originally Posted by MontereySherry

Immigrant work permit advocate to visit Fremont

By Matt O'Brien


Bay Area News Groupmercurynews.com

Posted: 07/18/2012 09:05:05 AM PDT
July 18, 2012 5:12 PM GMTUpdated: 07/18/2012 10:12:02 AM PDT



FREMONT — A Coachella Valley lawmaker will visit the Bay Area this week promoting his plan to give special work permits to California's farm and service workers who are in the country illegally.
Assemblyman Manuel Pérez, D-Indio, will stop at a Fremont church on Saturday to build support for the bill he introduced in the Legislature earlier this year.
The measure would make California the first state to grant its own work permits to undocumented immigrant laborers if they meet certain requirements and pay a state fee. Most estimates show at least half of California's farm workers are immigrants here illegally.
Pérez introduced the bill in January but pulled it back several weeks ago to talk more with farmers and labor and industry groups about the plan, spokeswoman Amy Wilson said.
"He just didn't want to rush it, basically," Wilson said, explaining that Pérez plans to introduce another bill with slight amendments after the Assembly's summer recess ends.
Pérez will hold Spanish-language meetings in Fresno and Salinas before his visit to the East Bay on Saturday. The Fremont meeting begins at 5:30 p.m. at Our Lady of Guadalupe Church, 41933 Blacow Rd.

Immigrant work permit advocate to visit Fremont - San Jose Mercury News

I wonder what the DOJ and DOL think about his plan? This is obviously contrary to federal law.

Originally Posted by MW

I wonder what the DOJ and DOL think about his plan? This is obviously contrary to federal law.

But it does mirror Federal Policy and we all know policy trumps law just as a deuce trumps an ace.

There should be a law against any lawmaker, Federal or State, that panders to one ethnic group? Lawmakers are supposed to represent all citizens, not one ethnic group or illegal aliens.

The Bill was pulled because the votes weren't there to pass it.

BILL NUMBER: AB 1544 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member V. Manuel Pérez

JANUARY 25, 2012

An act to add Chapter 8 (commencing with Section 11050) to Part 1
of Division 3 of the Unemployment Insurance Code, relating to
undocumented workers.


LEGISLATIVE COUNSEL'S DIGEST

AB 1544, as introduced, V. Manuel Pérez. Undocumented workers:
California Agricultural Jobs and Industry Stabilization Program.
Existing provisions of federal law regulate immigration. Under
federal law, state laws regulating immigration are preempted.
This bill would, upon the state receiving the necessary authority under federal law, require the Employment Development Department to administer a California Agricultural Jobs and Industry Stabilization
Program. This bill would require the Employment Development
Department to certify that there are not enough legal residents of
California to fill all open agricultural and service industry jobs in
California. Once the department makes that certification, this bill
would authorize the department to issue permits to undocumented
aliens to work in the agricultural and service industries and who
meet specified criteria. This bill would also authorize the
department to issue permits to reside in California to the immediate
family members, as defined, of an undocumented alien permitted as a
worker under the program. This bill would require, prior to the
issuance of a permit, an undocumented alien to pay a fee to the
department and would require those fees to be deposited into the
California Agricultural Jobs and Industry Stabilization Program Fund,
established by this bill. This bill would also require the
department, in conjunction with the Legislative Analyst's Office, to
annually publish a report analyzing whether the program has caused
the displacement of employable legal residents of California in the
agricultural and service industries.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. This act shall be known, and may be cited, as the
California Agricultural Jobs and Industry Stabilization Act of 2012.
SEC. 2. The Legislature finds and declares all of the following:
(a) Since 2007, California's agricultural industry has experienced
the highest agricultural sales recorded to date ($36,300,000,000 in
2007, $38,400,000,000 in 2008, $34,800,000,000 in 2009, and
$37,500,000,000 in 2010) and continues to lead the nation in
agricultural cash receipts.
(b) The expansion of fruit, vegetable, and horticulture commodity
production, the ability to secure labor, and the industry's
dependency on labor from outside of California and the nation are
principal factors for this economic success.
(c) The United States Department of Labor estimates that half of
the total agricultural workforce is comprised of unauthorized
workers, while agricultural growers contend that the percentage of
unauthorized workers exceeds 75 percent.
(d) Studies have found that foreign born workers in agriculture do
not displace employment hours worked by workers born in the United
States. However, in 2011 Alabama and Georgia passed laws to prohibit
the employment of unauthorized workers, contending that this would
provide employment opportunities to its unemployed workers born in
the United States.
(e) Agricultural employers in Alabama and Georgia have attempted
to fill open agricultural jobs with United States born workers.
Despite various hiring incentives and initiatives, United States born
workers have not filled the significant labor shortages in
agriculture in these states. By October 2011, Georgia had suffered a
$74,900,000 loss to its farming industry, while Alabama experienced a
farm labor shortage of 11,000 workers during the spring and summer
harvest.
(f) In June 2011, the United Farm Workers launched the "Take Our
Jobs Campaign" designed to match United States born workers and legal
residents in agriculture. While 8,600 people filled out the online
application, as of September 2011, only seven individuals had
accepted employment.
(g) E-verify, a program that requires employers to verify whether
workers are United States citizens or legal residents, has spurred
criticism by the United States agricultural industry, which argues it
will eliminate a significant portion of the existing agricultural
workforce with no certainty that these vacancies will be filled by
workers born in the United States or legal residents.
(h) The federal H-2A guest worker program has also been proposed
as a means of securing an adequate workforce. However, most growers
in the United States agricultural industry do not consider this
program viable to secure workers on a timely basis.
(i) Due to the serious economic consequences caused by other
states' immigration initiatives, the absence of federal action on
comprehensive immigration reform, the counterproductive results of
E-verify, and the unworkable framework of the H-2A program,
agricultural interests in Oklahoma and Utah have introduced
legislation creating state guest worker programs and several other
states are considering the introduction of similar state initiatives.

(j) In California's service industry, similar workforce dynamics
have been documented among businesses that provide domestic services,
janitorial or building maintenance services, food preparation
services, and housekeeping services, whereby these employers rely
heavily on unauthorized workers as a sustainable labor supply.
(k) Historical trends and patterns of employment suggest that the
labor supply for California's agricultural and service industries
will continue to be dependent on workers from outside of the state
and nation in order to maintain economic production and revenues.
(l) Recognizing the significant contribution of California's
agricultural and service industries to the state's economy, and
understanding that the state's success is highly dependent on the
unauthorized work force, it is imperative that state policy be
created to assist business in these industries by providing a safe
and legal way for their employees to work legally in California.
SEC. 3. Chapter 8 (commencing with Section 11050) is added to Part
1 of Division 3 of the Unemployment Insurance Code, to read:
CHAPTER 8. CALIFORNIA AGRICULTURAL JOBS AND INDUSTRY
STABILIZATION PROGRAM


11050. As used in this chapter:
(a) "Employee" means an agricultural employee, as defined in
Section 1140.4 of the Labor Code, and a person employed to provide
domestic services, janitorial or building maintenance services, food
preparation services, or housekeeping services.
(b) "Employer" means an agricultural employer, as defined in
Section 1140.4 of the Labor Code, and a service industry employer.
(c) "Immediate family member" means a spouse or child under 18
years of age.
(d) "Program" means the California Agricultural Jobs and Industry
Stabilization Program.
(e) "Service industry employer" means a person who employs 25 or
more employees who provide domestic services, janitorial or building
maintenance services, food preparation services, or housekeeping
services.
(f) "Undocumented person" means a person who is an unauthorized
alien as defined in Section 1324a(h)(3) of Title 8 of the United
States Code.
11051. The California Agricultural Jobs and Industry
Stabilization Program is hereby created and shall be administered by
the Employment Development Department.
11052. Upon certification by the department that there are not
enough legal residents of California to fill all open agricultural
and service industry jobs in California, the department shall issue
permits authorizing an undocumented person who meets all of the
following criteria to reside and work as an employee in California:
(a) The person is 18 years of age or older.
(b) The person lives in California.
(c) The person has performed agricultural or service industry
employment in the United States for at least 863 hours or 150 work
days during the 24-month period ending on December 31, 2008, or
earned at least seven thousand five hundred dollars ($7,500) from
agricultural or service industry employment in the United States, and
maintains agricultural or service industry employment for 431 hours
or 75 workdays, or earns three thousand seven hundred fifty dollars
($3,750) from that employment, on an annual basis after receiving the
permit.
(d) The person passes an English proficiency exam, as developed by
the department, or submits evidence of ongoing efforts to become
proficient in the English language.
(e) The person submits to a fingerprinted criminal history
background check.
(f) The person has never been convicted of a serious or violent
felony, as confirmed by the fingerprinted criminal history background
check.
(g) The person pays a fee to the department to pay for the
department's costs in administering the program.
11053. The department shall issue permits authorizing an
undocumented person who is an immediate family member of a person to
whom the department issued a permit pursuant to Section 11052 and who
meets all the following criteria to reside in California:
(a) The immediate family member resides with the undocumented
person to whom a permit was issued.
(b) The immediate family member passes an English proficiency
exam, as developed by the department, or submits evidence of ongoing
efforts to become proficient in the English language.
(c) The immediate family member submits to a fingerprinted
criminal history background check.
(d) The immediate family member has never been convicted of a
serious or violent felony, as confirmed by the fingerprinted criminal
history background check.
(e) The immediate family member pays a fee to the department to
pay for the department's costs in administering the program.
11054. Within 90 days of the implementation date of this chapter,
an employer shall not employ an undocumented person who does not
have a permit issued pursuant to Section 11052.
11055. An employer of a person permitted to work in this state
pursuant to this chapter shall provide a written record of employment
to the employee issued a permit, and shall provide a copy to the
department. This record shall include information demonstrating the
hours worked and wages paid to the employee.
11056. (a) An employee permitted to work in this state pursuant
to this chapter is entitled to all the same wage and hour and working
conditions protections under existing law provided to an employee
who is a legal resident of California.
(b) An employee permitted to work in this state pursuant to this
chapter may be employed by multiple employers.
11057. (a) Beginning the third year after the department makes
the certification required in Section 11052, the department, in
conjunction with the Legislative Analyst's Office, shall annually
publish a report analyzing whether the California Agricultural Jobs
and Industry Stabilization Program has caused the displacement of
employable legal residents of California in the agricultural and
service industries.
(b) The department shall request the federal Governmental
Accountability Office to also comply with subdivision (a).
11058. The program created pursuant to this chapter is not
intended to confer legal status in a manner that would restrict the
enactment of superseding federal legislation that seeks to alter that
status.
11059. (a) There is hereby created in the General Fund the
California Agricultural Jobs and Industry Stabilization Program Fund.
The fees collected by the department pursuant to this chapter shall
be deposited in the California Agricultural Jobs and Industry
Stabilization Program Fund and shall only be used to pay for the
department's costs to administer the program, upon appropriation by
the Legislature.
(b) The department shall only be required to administer the
program and the program shall only continue in existence to the
extent the funds in the California Agricultural Jobs and Industry
Stabilization Program Fund and any appropriation made by the
Legislature for the purpose of funding the program cover the
department's costs to administer the program.
11059.5. (a) By May 1, 2013, the Director of Employment
Development shall submit a formal request to the federal government
to receive the necessary authority to administer the provisions of
this chapter.
(b) This chapter, except this section, shall not be implemented
unless the Director of Employment Development receives the necessary
authority, consistent with federal law, to administer this chapter.

AB 1544 Assembly Bill - INTRODUCED

We have to saddle up for one heck of a fight in California. Californians know they cannot dominate against illegal immigration in their state but we need them to HOLD THE LINE AND BUY THE REST OF AMERICA TIME!

W

This bill requires federal authority for the state to give work permits to illegal aliens.
I don't see the feds giving that authority to any state.

This bill would, upon the state receiving the necessary authority under federal law, . . . this bill would authorize the department to issue permits to undocumented aliens to work in the agricultural and service industries and who meet specified criteria.