BILL NUMBER: AJR 2	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Caballero
   (Coauthors: Assembly Members Arambula, Coto, De Leon, Fuentes,
Hernandez, Mendoza, Nava, John A. Perez, V. Manuel Perez, Salas,
Saldana, Solorio, and Torres)
   (Coauthors: Senators Cedillo, Correa, Negrete McLeod, and Oropeza)

                        JANUARY 22, 2009

   Relative to Mexican braceros.


	LEGISLATIVE COUNSEL'S DIGEST


   AJR 2, as introduced, Caballero. Mexican braceros: settlement.
   This measure would urge the United States government to urge the
Mexican government to extend the deadline for Mexican laborers, known
as braceros, who worked in the United States beginning in 1942 as
part of a labor importation program initiated by the United States to
alleviate a labor shortage during World War II, to submit a claim to
recover unpaid wages from a specified settlement fund. It would also
urge the United States government to urge the Mexican government to
accept a variety of documents as proof of a valid claim.
   Fiscal committee: no.



   WHEREAS, The "Bracero" program was a labor importation program
initiated by the United States government in 1942 to alleviate the
country's labor shortage during World War II. Over the program's
22-year life, more than 4.5 million Mexican nationals, known as
braceros, were legally contracted to work in the United States; and
   WHEREAS, Between 1942 and 1946, 10 percent of the braceros' wages
were deducted from each paycheck and set aside for a "savings fund,"
allegedly to be paid to the braceros upon their return to Mexico.
Yet, most braceros never received the savings that were automatically
deducted from their paychecks; and
   WHEREAS, For years the braceros have petitioned the Mexican
government and, more recently, the Mexican bank, Banrural, to
acknowledge the existence of these funds. Farmworker activists
estimate the total sum owed to the braceros to be between $150
million and $3 billion, including interest; and
   WHEREAS, Eight years ago, six braceros filed a class action
federal lawsuit, on behalf of themselves and other braceros, against
the Mexican government. Those six braceros and the Mexican government
have now entered into a proposed settlement, which may entitle the
braceros to a one-time award of 38,000 pesos each from the Mexican
government; and
   WHEREAS, The Mexican government has stated that the money from the
settlement will initially only be distributed to those who prove
they worked between the years of 1942 and 1946. Other braceros may
file a claim for repayment from the remaining funds. However,
Alejandra Bologna, Consul General in Sacramento's Mexican Consulate,
confirmed that Mexico has expanded eligibility for a one-time $3,500
payment to include any bracero, or his or her heir or beneficiary,
who can prove the worker was employed in the program in the United
States between the years of 1942 and 1964; and
   WHEREAS, The State of California has a unique social and moral
responsibility in this matter because many of the braceros worked and
resided in California and because many are now elderly residents of
this state; and
   WHEREAS, All claims must be submitted no later than January 5,
2009. Claim forms must be submitted to one of the Mexican Consulates
in the United States or to the Consular Section of the Embassy of
Mexico in Washington, D.C., and must be received by the consulate or
the Consular Section of the Embassy of Mexico on or before that date;
now, therefore, be it
   Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of the State of California
urges the United States government under the Obama administration to
urge the Mexican government to extend the deadline for submitting a
claim; and be it further
   Resolved, That the Legislature urges the United States government
to urge the Mexican government to accept a variety of documents,
including, but not limited to, affidavits or copies of original
documents, to prove that a bracero or his or her heir or beneficiary
has a valid claim; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, to each Senator and Representative
from California in the Congress of the United States, to Ambassador
Arturo Sarukhan, Ambassador of Mexico to the United States, and to
the Consul General of Mexico in the following cities: Calexico,
Fresno, Los Angeles, Oxnard, Sacramento, San Diego, San Francisco,
San Jose, and Santa Ana.