BILL ANALYSIS
AJR 2
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
William W. Monning, Chair
AJR 2 (Caballero) - As Amended: March 26, 2009
SUBJECT : Mexican braceros.
SUMMARY : Urges the United States government to urge the
Mexican government to extend the deadline for Mexican laborers,
known as "braceros," to submit a claim to recover unpaid wages
from a settlement fund and also urges them to accept specified
documents as proof of a valid claim. Specifically, this
resolution makes the following legislative statements:
1)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 nationals, known
as braceros, were legally contracted to work in the United
States.
2)Between 1942 and 1946, 10 (%) percent of the braceros' wages
were deducted from each paycheck and set aside for a "savings
fund," to be paid to the braceros upon their return to Mexico
and to ensure that the braceros would return to their country
of origin. However, even upon returning, most braceros never
received the savings that were automatically deducted from
their paychecks.
3)For years the braceros have petitioned the Mexican government
and more recently the Mexican bank, Banrural, to acknowledge
the existence of these funds. Farm worker activists estimate
the total sum owed to the braceros to be between $150 million
and $3 billion, including interest.
4)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.
5)The Mexican government has stated that the settlement only
applies to braceros who worked from 1942 to 1946, which it
AJR 2
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said was the period when 10 (%) percent of the braceros' wages
were deducted. Many braceros claim the deduction continued
after 1946 and many of them were unable to prove that they
were employed during and after 1946. Requirements imposed on
the braceros by the Mexican government are very stringent and
difficult for them to fulfill, including a requirement to
provide only original documents or certified (apostilled)
copies.
6)There are two categories of documents that must be presented:
proof of Mexican citizenship such as a Mexican-issued
passport, Mexican voting card, Mexican military service card,
or Declaration de Nacionalidad Mexicana and evidence of
employment in the United States by proof of an individual work
contract issued by a United States employer, proof of payment
of wages by a United States employer, an apostilled social
security record showing payments derived from work in the
bracero program, or a Mexican Consular identification card.
Only original or certified replacement copies may be
submitted. The Mexican government has stated that eligibility
for this payment includes any bracero, or his or her heir or
beneficiary, who proves the worker was employed between 1942
and 1946 for a one time payment of 38,000 pesos or
approximately $3,500.
7)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 elderly
braceros and their heirs or beneficiaries are now residents of
this state.
8)All claims must have been submitted no later January 5, 2009
in the United States and January 28, 2009 in Mexico. Claim
forms must have been 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.
COMMENTS :
Information provided by the author's office states, in 1942 the
United States was heading to war with the then facists powers of
Europe. Labor was siphoned from all areas of U.S. industry and
poured into those which supported the war efforts. Also in that
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year, the U.S. signed the Bracero Treaty which reopened the
floodgates for legal immigration of Mexican laborers. Between
the period of 1942 and 1964, million of Mexicans were imported
into the U.S. as braceros under the Bracero Treaty (Treaty) to
work temporarily on contract to U.S. growers and ranchers.
Under the Treaty, between 1942 and 1946, ten percent of the
bracero's wages were deducted from each paycheck and set aside
for a savings fund, allegedly to be reimbursed to them upon
return to Mexico. Most braceros never received the savings upon
return that were automatically deducted from their paychecks.
For years the braceros petitioned the Mexican government and
more recently the Mexican bank, Banrural, to acknowledge the
existence of these funds. Farm-workers activists estimate the
sum to be between $150 million and $3 billion, including
interest.
Approximately eight years ago some braceros filed a class action
federal lawsuit on behalf of themselves and other braceros
against the Mexican government. Those braceros and the Mexican
government have now entered into a propose settlement, which may
entitle the braceros to a one-time award of 38,000 pesos or
$3500 U.S. currency from the Mexican government if they filed by
the required January 2009 deadlines. Now the deadlines have
expired and many ex-braceros or their relatives were not aware
of this and some still struggle trying to find 40-year old
original documents required proving they are entitled to the
award.
The Mexican government is very stringent in terms of requesting
braceros prove that they actually worked here in the U.S. during
the Treaty. They only accepted original documents or certified
(apostilled) copies. Many braceros had non apostilled copies or
original documents and affidavits but they were not accepted.
This resolution seeks to ensure all braceros are properly
reimbursed by extending the deadline and requesting they accept
a larger variety of documents.
PRIOR LEGISLATION :
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AB 2913 (Firebaugh) Chapter # 1070, Statutes of 2002, enabled
Bracero workers or their heirs to bring an action for claims
they didn't receive savings funds due them for wages withheld
between 1942 and 1950.
REGISTERED SUPPORT / OPPOSITION :
Support
Alianza Binacional Braceroa Proa Director
American Civil Liberties Union
American Federation of State, County and Municipal Employees
California Communities United Institute
California Rural Legal Assistance Foundation
Coalition for Humane Immigrant Rights of Los Angeles
Federacion de Clubes y Organizaciones de Chihuahua
Hermandad Mexicana Nacional, Inc.
Latino Movement USA
Mexican American Legal Defense and Educational Fund
National Association of Senior Citizens
Services, Immigrant Rights and Education Network
Opposition
None on file.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091