Thread: Senator Dunn's "apology" bill for deported Mexican

Get a load of this article!
http://www.news10.net/storyfull.asp?id=11153

While we were busy last week dealing with other stuff, they really slipped a fast one past us. I don't know if you've been following this one; California State Senator Joe Dunn recently introduced a bill that would "apologize" to the approximately 1 to 2 million Hispanics of Mexican descent who were deported from the U.S. back to Mexico about 60 years ago.

Make no mistake about what this bill means. State Senator Dunn calls it "a window for lawsuits." And he already has a "reparations" bill ready to serve up next.

I did a little research on this guy State Senator Joe Dunn. According to the Overlawyered website, Dunn "made a fortune suing doctors." According to an excellent article about Dunn in the Jewish World Review titled "The Runaway Lawyer," "Dunn has been unrelenting in his pursuit to lobby for more bills that create more lawsuits for his trial lawyer brethern."

So now we've got this ambulance-chasing lawyer chomping at the bit to send millions -- if not HUNDREDS OF MILLIONS -- of the California tax-payers dollars to Mexico. This noxious bill is real trouble. This is a real stinker. We've got to nip this one in the bud before it gathers any steam, otherwise this will set a horrible precedent and come back to haunt us in a thousand different ways. Can you imagine how clogged up the courts would get with thousands of these shyster lawyers filing lawsuits on behalf of these deportees? This is BAD news! Governor Gray Davis and Governor Schwartzenegger have already vetoed similar bills. So we gotta' make sure Arnold comes through again. But keep in mind, this noxious apology bill already passed in the California State Senate by a vote of 27 to 5. And you wonder why we can't get anything done in California on the immigration front.

I don't know if I'm being an alarmist here, but I smell a real rat with this one.

I can't speak for the spitting! THIS is what they're elected to do.......GIVE AWAY THE UNITED STATES OF AMERICA, piece by piece!

This is absolutely surreal.

Only difference between a lawyer and a catfish... one is a scum sucking, cold blooded, bottom-feeder, the other is a fish.

Yeah, isn't it, Don Quixote? "Surreal." Its like something out of Alice in Wonderland. The real irony is: For years, our local state politicians have been telling us they cant' do anything about deporting illegals because immigration is a federal, not state, issue. And now we got the state government jumping in there and offering to help out Mexicans we've already deported!

Dunn keeps telling us that the "vast majority" of the deportees were legal citizens. It turns out that 60% of them were children born in the U.S., probably from illegal immigrant parents who ended up taking their kids back with them to Mexico when they were deported. I urge everybody to drop ole State Senator Joe Dunn a line and let him know what you think of his little shyster "apology" bill: Senator.Dunn@sen.ca.gov

Well.....if I were a lawyer, I'd like to be Opposing Counsel, and ask him what evidence do you have that they were not part of the subsequent massive illegal or legal immigration into the United States and part of the 7 amnesties of the United States?

Given the problem with documents, specifically the creation of false documents by Mexican Nationals attempting to enter the US Illegally and Legally on False Documents, why should this court believe that ANY of these documents are REAL?

So this California State Senator, this shyster lawyer, Joe Dunn, is working away on a bill to potentially send HUNDREDS OF MILLIONS of the California tax-payers money to Mexico!

Surely that qualifies as "treason." By whatever definition a sane person could come up with, surely that qualifies as "treason."

It would sure seem to me that we have a number of officials who are not clear on what country they are paid to "represent"!!

Treason?

What else could it be?

Confusion on what country he owes allegiance?

Naaaah.....he's a lawyer, so he would know where HIS allegiance lies, he's just opting to "trait" it for MONEY!!

Yep.....when you "trait" your country for money....

That's Treason....unless the lawyers have come up with some other little clause to describe it to avoid gettin' the "noose"!!

Does anyone know what the bill number is?

The bill is SB 670. I cut and pasted the contents of it and more information can be found at the following link.

http://info.sen.ca.gov/cgi-bin/casen/po ... R&site=SDC

BILL NUMBER: SB 670 INTRODUCED
BILL TEXT


INTRODUCED BY Senator Dunn

FEBRUARY 22, 2005

An act relating to Mexican repatriation.


LEGISLATIVE COUNSEL'S DIGEST


SB 670, as introduced, Dunn. Mexican repatriation program of the
1930s.
This bill would enact the "Apology Act for the 1930s Mexican
Repatriation Program" and make findings and declarations regarding
the unconstitutional removal and coerced emigration of United States
citizens and legal residents of Mexican descent, between the years
1929 and 1944, to Mexico from the United States during the 1930s
"Mexican Repatriation" Program.
The bill would express the apology of the State of California to
those individuals who were illegally deported and coerced into
emigrating to Mexico and would require that a plaque be placed and
maintained in a public place to commemorate this event.
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 may be cited as the "Apology Act for the 1930s
Mexican Repatriation Program."
SEC. 2. The Legislature finds and declares all of the following:
(a) Beginning in 1929, government authorities and certain private
sector entities in California and throughout the United States
undertook an aggressive program to forcibly remove persons of Mexican
ancestry from the United States.
(b) In California alone, approximately 400,000 American citizens
and legal residents of Mexican ancestry were forcibly removed to
Mexico.
(c) In total, it is estimated that two million people of Mexican
ancestry were forcibly relocated to Mexico, approximately 1.2 million
of whom had been born in the United States, including the State of
California.
(d) Throughout California, massive raids were conducted on
Mexican-American communities, resulting in the clandestine removal of
thousands of people, many of whom were never able to return to the
United States, their country of birth.
(e) These raids also had the effect of coercing thousands of
people to leave the country in the face of threats and acts of
violence.
(f) These raids indiscriminately targeted persons of Mexican
ancestry, with authorities and others characterizing these persons as
"illegal aliens" even when they were United States citizens or
permanent legal residents.
(g) Authorities in California and other states instituted programs
to wrongfully remove persons of Mexican ancestry and secure
transportation arrangements with railroads, automobiles, ships, and
airlines to effectuate the wholesale removal of persons out of the
United States to Mexico.
(h) As a result of these illegal activities, families were forced
to abandon, or were defrauded of, personal and real property, which
often was sold by local authorities as "payment" for the
transportation expenses incurred in their removal from the United
States to Mexico.
(i) As a further result of these illegal activities, United States
citizens and legal residents were separated from their families and
country and were deprived of their livelihood and United States
constitutional rights.
(j) As a further result of these illegal activities, United States
citizens were deprived of the right to participate in the political
process guaranteed to all citizens, thereby resulting in the tragic
denial of due process and equal protection of the laws.
SEC. 3. The State of California apologizes to those individuals
described in Section 2 for the fundamental violations of their basic
civil liberties and constitutional rights committed during the period
of illegal deportation and coerced emigration. The State of
California regrets the suffering and hardship those individuals and
their families endured as a direct result of the government sponsored
Repatriation Program of the 1930s.
SEC. 4. A plaque shall commemorate the individuals described in
Section 2 and shall be placed and maintained at a public place.

Another bill SB 645 appears to be a companion to
SB 670

http://info.sen.ca.gov/cgi-bin/casen/po ... R&site=SDC

BILL NUMBER: SB 645 AMENDED
BILL TEXT

AMENDED IN SENATE MAY 17, 2005
AMENDED IN SENATE APRIL 4, 2005

INTRODUCED BY Senator Dunn

FEBRUARY 22, 2005

An act to add Section 354.9 to the Code of Civil Procedure, and to
add Chapter 3.2 (commencing with Section 8253) to Division 1 of
Title 2 of the Government Code, relating to Mexican repatriation.


LEGISLATIVE COUNSEL'S DIGEST


SB 645, as amended, Dunn. Mexican repatriation: commission.
(1) Existing law establishes various advisory boards and
commissions in state government with specified duties and
responsibilities.
This bill would, until January 1, 2008, create the commission on
the Unconstitutional Deportation of American Citizens during the 1930'
s within state government. The bill would require the commission to,
among other things, gather facts regarding, and conduct a study of,
the unconstitutional removal and coerced emigration of United States
citizens and legal residents of Mexican descent, between 1929 and
1944, to Mexico during the 1930's "Repatriation" Program.
The bill would require the commission to hold public hearings and
make a written report to the Governor and the Legislature concerning
its actions and its findings and recommendations not later than July
1, 2009. The bill would provide that the commission may apply for and
accept private funding once the commission has been convened
. The bill would authorize the commission to be convened only
if it is determined that sufficient private donations have been
deposited with the state and would preclude expenditure of other
state funds for these purposes.
The bill would provide that the commission terminates 6 months
after it transmits its final report to the Governor and the
Legislature on July 1, 2009.
(2) The bill would also establish the 1930's Reparations Fund in
the General Fund and a 9 member board of directors appointed by the
Governor with the consent of the Senate, with specified duties for
administering the fund and making payments to eligible individuals.
The bill would specify the duties of the board and require the board
to make a report on its activities to the Governor and the
Legislature beginning every 6 months after the first meeting of the
board. The board would terminate 90 days after the termination of the
fund.
(3) Existing law authorizes various persons to bring civil actions
for damages under specified circumstances.
This bill would authorize a victim of unconstitutional, wrongful,
or coerced repatriation, defined as any United States citizen or
legal resident of Mexican descent who was coerced, forced, or falsely
induced to emigrate from this state during the period from 1929 to
1944, to bring a legal action to recover damages in any court of
competent jurisdiction in this state.
The bill would apply these provisions (a) if the victim was
coerced, forced, or falsely induced to emigrate by any city, county,
or state governmental authority, or anyone acting under color of that
authority, including, but not limited to, any private individual or
business entity, or (b) if that person resides in this state and has
a claim arising out of that unconstitutional, wrongful, or coerced
repatriation, as specified.
The bill would also provide that any action brought pursuant to
this provision may not be dismissed for failure to comply with the
applicable statute of limitations or to exhaust any applicable
administrative remedies or governmental tort claims procedures, if
the action is commenced on or before December 31, 2006. The bill
would bar any legal action brought against the state under this
provision by any individual who is eligible to accept payment from
the 1930's Reparations Fund if the Legislature appropriates moneys
for the purposes of the provisions governing that payment.
The bill would require that if SB 670 is enacted, the provisions
of SB 670 are not admissible as evidence of liability in any civil
action under this bill.
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. Section 354.9 is added to the Code of Civil Procedure,
to read:
354.9.
(a) The following definitions govern the construction of this
section:
(1) "Victim of unconstitutional, wrongful, or coerced repatriation"
means any United States citizen or legal resident of Mexican descent
who was coerced, forced, or falsely induced to emigrate from this
state during the period from 1929 to 1944, inclusive, by any city,
county, or state governmental authority, or anyone acting under color
of that authority, including, but not limited to, any private
individual or business entity that conspired with any city, county,
or state governmental authority, or anyone acting under color of that
authority, to violate the state or federal constitutional or
property rights of that person
(2) "Damages" means any and all damages for any harm, loss, or
detriment sustained by any victim of unconstitutional, wrongful, or
coerced repatriation by reason of the coerced, forced, or falsely
induced emigration from this state by any city, or county
governmental authority, or anyone acting under color of that
authority, including, but not limited to, any private individual or
business entity that conspired with any city, county, or state
governmental authority, or anyone acting under color of that
authority, to violate the state or federal constitutional or property
rights of any victim of unconstitutional, wrongful, or coerced
repatriation.
(b) Notwithstanding any other provision of law, any victim of
unconstitutional, wrongful, or coerced repatriation who has a claim
arising out of his or her coerced, forced, or falsely induced
emigration from this state by any city, county, or state governmental
authority, or anyone acting under color of that authority,
including, but not limited to, any private individual or business
entity that conspired with any city, county, or state governmental
authority, or anyone acting under color of that authority, to violate
the state or federal constitutional or property rights of any victim
of unconstitutional, wrongful, or coerced repatriation, may bring a
legal action to recover any damages in any court of competent
jurisdiction in this state and that court shall be deemed the proper
forum for that action until its completion or resolution.
(c) No legal action may be brought against the state by any
individual who is eligible to accept payment from the 1930's
Reparations Fund if the Legislature appropriates moneys to carry out
the purposes of Chapter 3.2 (commencing with Section 8254) of
Division 1 of Title 2 of the Government Code.
(d) No action brought under this section may be dismissed for
failure to do either of the following:
(1) Comply with the applicable statute of limitations.
(2) Exhaust any applicable administrative remedies or governmental
tort claim procedures otherwise provided by any statute, if the
action is commenced in any court of competent jurisdiction on or
before July 1, 2011.
(e) The provisions of SB 670 of the 2005-06 Regular Session, if
enacted, shall not be admissible as evidence of liability, or any
other matter, in any civil action under this section.
SEC. 2. Chapter 3.2 (commencing with Section 8253) is added to
Division 1 of Title 2 of the Government Code, to read:
CHAPTER 3.2. The Commission on the Unconstitutional
Deportation of American Citizens During the 1930's

8253.
The Legislature finds and declares all of the following:
(a) Beginning in 1929, government authorities and certain private
sector entities in California and throughout the United States
undertook an aggressive program to forcibly remove persons of Mexican
ancestry from the United States.
(b) In California alone, approximately 400,000 American citizens
and legal residents of Mexican ancestry were forcibly removed to
Mexico.
(c) In total, it is estimated that two million people of Mexican
ancestry were forcibly relocated to Mexico, approximately 1.2 million
of whom had been born in the United States, including the State of
California.
(d) Throughout California, massive raids were conducted on
Mexican-American communities, resulting in the clandestine removal of
thousands of people, many of whom were never able to return to the
United States, their country of birth.
(e) These raids also had the effect of coercing thousands of
people to leave the country in the face of threats and acts of
violence.
(f) These raids indiscriminately targeted persons of Mexican
ancestry, with authorities and others characterizing these persons as
"illegal aliens" even when they were United States citizens or
permanent legal residents.
(g) Authorities in California and other states instituted programs
to wrongfully remove persons of Mexican ancestry and secure
transportation arrangements with railroads, automobiles, ships, and
airlines to effectuate the wholesale removal of persons out of the
United States to Mexico.
(h) As a result of these illegal activities, families were forced
to abandon, or were defrauded of, personal and real property, which
often was sold by local authorities as "payment" for the
transportation expenses incurred in their removal from the United
States to Mexico.
(i) As a further result of these illegal activities, United States
citizens and legal residents were separated from their families and
country and were deprived of their livelihood and United States
constitutional rights.
(j) As a further result of these illegal activities, United
States citizens were deprived of the right to participate in the
political process guaranteed to all citizens, thereby resulting in
the tragic denial of due process and equal protection of the laws.
8253.1.
(a) The Commission on the Unconstitutional Deportation of American
Citizens During the 1930's is hereby established within state
government.
(b) The commission shall be composed of 12 voting members, who
shall be appointed as follows:
(1) Four members appointed by the Governor, not subject to Senate
confirmation.
(2) Four members appointed by the Senate Committee on Rules.
(3) Four members appointed by the Speaker of the Assembly.
(c) The commission shall also include the following:
(1) Two ex officio, nonvoting members of the Senate appointed by
the Senate Committee on Rules.
(2) Two ex officio, nonvoting members of the Assembly appointed by
the Speaker of the Assembly.
(d) Of the four members appointed by the Governor, the four
members appointed by the Senate Committee on Rules and the four
members appointed by the Speaker of the Assembly, as set forth in
subdivision (b), each of the four shall include one of each of the
following:
(1) A California public university professor.
(2) An attorney in private practice in California.
(3) A representative of a nonprofit organization that advocates on
behalf of Latinos and immigrants.
(4) A public member.
(e) The term of office for all members shall be for the duration
of the commission. A vacancy in the commission shall not affect its
powers, and shall be filled in the same manner in which the original
appointment was made.
(f) Seven members of the commission shall constitute a quorum, but
a lesser number may hold meetings and hearings.
(g) The commission shall elect a chair and vice chair from among
its members. The term of office of each shall be for the duration of
the commission.
(h) Members of the commission shall serve without compensation.
All members of the commission may be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties if funds are available for these
purposes. No state funds, other than private donations available to
the commission pursuant to this chapter, shall be appropriated to
reimburse members for expenses or for any other purpose under this
chapter.
8253.2.
(a) It shall be the duty of the commission to gather facts
regarding, and conduct a study of, the unconstitutional removal and
coerced emigration of United States citizens and legal residents of
Mexican descent, between 1929 and 1944, to Mexico, during the
government sponsored repatriation program of the 1930's.
(b) The commission shall hold public meetings or hearings in any
city that the commission deems necessary and proper.
(c) The commission shall make recommendations to the Governor and
the Legislature including, but not limited to, all of the following:

(1) Altering California public schools' curricula to include the
unconstitutional removal and coerced emigration of American citizens
and legal residents to Mexico during the 1930's, as described in
Section 8253.
(2) Determining responsibility for the unconstitutional removal
and coerced emigration of American citizens and legal residents to
Mexico during the 1930's.
(3) Implementing the fund, as set forth in Section 8254 including:

(A) Determining the appropriate monetary compensation for eligible
recipients of the fund.
(B) Establishing eligibility criteria for compensation under the
fund.
(C) Recommending redress legislation necessary to activate the
fund.
(4) The commission may make other findings or recommendations it
deems necessary to discharge its duties.
(d) The commission shall submit a written report of its findings
and recommendations to the Governor and the Legislature within two
years after the commission has commenced its research and study, as
set forth in subdivision (a) of Section 8253.2.
8253.3.
(a) The commission may authorize any subcommittee or member
thereof, for the purpose of carrying out this chapter, to hold
hearings and sit and act at those times and places, and request the
attendance and testimony of those witnesses and the production of
books, records, correspondence, memoranda, papers, and documents that
the commission or any subcommittee or member thereof may deem
advisable.
(b) The commission may acquire directly from the head of any
department, agency, independent instrumentality, or other authority
of the executive and legislative branches of state government, any
and all necessary information that the commission considers useful in
the discharge of its duties. All departments, agencies, and
independent instrumentalities, or other authorities of the executive
and legislative branches of state government shall cooperate with the
commission and furnish all information requested by the commission.

(c) The commission may acquire directly from the head of any
department, agency, independent instrumentality, or other authority
of local government, at the discretion of the head of the relevant
authority of local government, any and all necessary information that
the commission considers useful in the discharge of its duties.
8253.4.
(a) The commission is authorized to do all of the following:
(1) Appoint and fix the compensation of personnel as may be
necessary.
(2) Obtain the services of experts and consultants.
(3) Enter into agreements for procurement of necessary financial
and administrative services, for which payment shall be made by
reimbursement from funds of the commission.
(4) Procure supplies, services, and property, and make contracts,
for which payment shall be made by reimbursement from funds of the
commission.
(5) Enter into contracts with state or federal agencies, private
firms, institutions, and agencies for the conduct of research or
surveys, the preparation of reports, and other activities necessary
to the discharge of its duties.
(b) The commission shall, not later than July 1, 2009, transmit a
final report to the Governor and the Legislature concerning its
actions and its findings and recommendations.
8253.6.
The commission may apply for and accept grants and receive gifts,
donations, and other financial support from private sources for
purposes of this chapter, subject to the requirements of Sections
11005 and 11005.1.
8253.6.
(a) Private sources may deposit gifts, donations, and other
financial support with the state for the purposes of this chapter.
(b) Once the commission has been convened, it may then apply for
and accept grants and receive gifts, donations, and other financial
support from private sources for purposes of this chapter, subject to
the requirements of Sections 11005 and 11005.1.
8253.7.
(a) The commission shall be convened pursuant to this chapter only
after a determination has been made that private donations in an
amount sufficient to support the activities of the commission through
the operative period of this chapter have been deposited with the
state.
(b) The commission shall end, and its duties under Sections
8253.2, 8253.3, and 8253.4 shall be revoked, not later than six
months after it has transmitted a final report to the Governor and
the Legislature concerning its actions and its findings and
recommendations under subdivision (b) of Section 8253.4.
8254.
There is established the 1930's Reparations Fund (hereinafter the
fund) in the General Fund. There is also established the 1930's
Reparations Fund Board of Directors (hereinafter the board), which
shall be responsible for making disbursements from the fund upon
appropriation by the Legislature in the manner provided in
Sections 8254.1 and 8254.2 Section 8254.1 .
(a) An eligible individual may notify the board that he or she is
an eligible individual, and may provide documentation therefor. The
board shall do all of the following:
(1) Designate an officer or employee to whom the notification and
documentation may be sent.
(2) Maintain a list of all individuals who submit the notification
and documentation.
(3) Encourage, through a public awareness campaign, each eligible
individual to submit his or her current address to the designated
officer or employee.
(b) The board shall notify each eligible individual in writing of
his or her eligibility for payment under this section. The notice
shall inform the eligible individual of the following:
(1) Acceptance of payment under this section shall be in full
satisfaction of all claims against the State of California arising
out of the acts described in Section 8253.
(2) Refusal to accept payment shall:
(A) Be submitted in writing to the board and the amount of the
payment shall remain in the fund and no payment may be made to that
individual at any time after his or her refusal.
(B) Be in full satisfaction of all claims against the State of
California arising out of the acts described in Section 8253.
(3) Each eligible individual who neither refuses nor accepts
payment, 18 months after receiving a written notice shall be deemed
to have accepted payment for purposes of subdivision (c).
(c) The acceptance of payment by an eligible individual shall be
in full satisfaction of all claims against the State of California
arising out of the acts described in Section 8253.
(d) No payment may be made to any individual who accepts payment
pursuant to an award of a final judgment or a settlement on a claim
against the State of California brought pursuant to Section 354.9 of
the Code of Civil Procedure, for any of the acts described in Section
8253.
(e) The board shall endeavor to make payments to eligible
individuals in the order of date of birth, beginning with the oldest
individual on the date of the enactment of this act, until all
eligible individuals have received payment in full.
(f) In attempting to locate an eligible individual, the board may
use any facility or resource of any public or nonprofit organization
or any other record, document, or information that may be made
available to the board.
(g) No costs incurred by the board shall be paid from the
fund or set off against, or otherwise deducted from, any
payment to any eligible individual.
8254.1.
(a) The board may make disbursements from the fund as to either of
the following:
(1) To publish and distribute the hearings, findings, and
recommendations of the commission.
(2) For reasonable administrative expenses of the board, including
expenses incurred under subdivisions (c) and (f).
(b) The board shall be composed of nine members appointed by the
Governor with the consent of the Senate.
(1) Except as provided in paragraphs (2) and (3), members shall be
appointed for terms of three years.
(2) Of the members first appointed, four shall be appointed for
terms of two years, as designated by the Governor at the time of
appointment.
(3) Any member appointed to fill a vacancy occurring before the
expiration of that member's term shall be appointed only for the
remainder of that term. A member may serve after the expiration of a
member's term until a new member is appointed. No person may be
appointed as a member for more than two consecutive terms.
(c) Members of the board shall serve without pay, except that
members of the board shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred by them in
carrying out the duties of the board.
(d) Five members of the board shall constitute a quorum.
(e) The chair of the board shall be elected by the members of the
board.
(f) The board shall have an executive director who shall be
appointed by the board. The board may appoint and fix the pay of
additional staff as it may require.
(g) The board may accept, use, and dispose of gifts or donations
of services or property for the purposes authorized under subdivision
(a).
(h) Not later than 12 months after the first meeting of the board
and every six months thereafter, the board shall transmit to the
Governor and to the Legislature a report describing the activities of
the board.
(i) Ninety days after the termination of the fund, the board shall
terminate and all obligations of the board under this chapter shall
cease.
8254.2
The provisions of this chapter are severable. If any provision of
this act or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.