BILL ANALYSIS
AJR 2
Page 1
ASSEMBLY THIRD READING
AJR 2 (Caballero)
As Amended March 26, 2009
Majority vote
LABOR AND EMPLOYMENT 5-1
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|Ayes:|Monning, Bill Berryhill, | | |
| |Eng, Ma, Portantino | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Gaines | | |
| | | | |
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SUMMARY : Urges the United States (U.S.) 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 U.S. 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 U.S.
2)Between 1942 and 1946, 10% 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, a group of braceros filed a class action
federal lawsuit on behalf of themselves and other braceros
AJR 2
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against the Mexican government. Those 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
said was the period when 10% 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 U.S. by proof of an individual work contract
issued by a U.S. employer, proof of payment of wages by a U.S.
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.
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 U.S. and January 28, 2009, in Mexico. Claim forms must
have been submitted to one of the Mexican Consulates in the
U.S. 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.
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COMMENTS : The author states that the Mexican government is very
stringent in terms of requesting braceros prove that they
actually worked here in the U.S. during the Bracero Treaty of
1942. 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 the Mexican
government accepts a larger variety of documents.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091 FN: 0000414