BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AJR 2
Assemblymember Caballero
As Amended May 4, 2009
Hearing Date: June 9, 2009
KB
SUBJECT
Mexican Braceros: Settlement
DESCRIPTION
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 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 settlement fund.
This measure would also urge the United States government to
urge the Mexican government to accept a variety of documents as
proof of a valid claim.
BACKGROUND
During World War II, the United States suffered a shortage of
labor as young men were drafted and sent overseas in the armed
forces, or took factory jobs in support of the war effort. To
compensate for the lack of workers, particularly in physically
demanding jobs such as agriculture, the U.S. entered into an
agreement with Mexico to bring in as many as 30,000 guest
workers a year. Between the period of 1942 and 1964,
approximately 4.6 million Mexican guest workers (braceros) were
brought into the United States under the Treaty. Pursuant to
its agreement with Mexico, the U.S. withheld 10 percent of the
braceros' wages and sent the money to Mexico to be held in
savings accounts for the workers. This withholding policy was
meant to preserve some funds in savings for the workers after
the seasonal work had ended, but also was intended to act as an
incentive to the workers to return to Mexico at the end
(more)
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of their contracts.
Unfortunately, many of these workers never received the 10
percent of their withheld wages. Some were unaware that money
was being deducted from their pay, while others who sought
repayment were denied due to various bureaucratic obstacles
(such as being required to travel to Mexico City to pursue
payment, a hardship for poor workers from rural areas). Over
the years, many braceros returned to the U.S. and became
citizens or residents of California.
Approximately eight years ago, a group of braceros filed a class
action lawsuit in federal court on behalf of themselves and
other braceros against the Mexican government seeking repayment
of the monies deducted from their wages. The groups have since
entered into a settlement with the Mexican government, which
entitled the braceros to a one-time award of 38,000 pesos, or
$3,500 in United States currency, from the Mexican government if
they filed by the January 5, 2009 deadline.
This resolution seeks to ensure all braceros are properly
reimbursed by urging the extension of the deadline to file a
claim, and requesting that the Mexican government accept a
larger variety of documents as proof of the bracero's claim.
CHANGES TO EXISTING LAW
This measure would make the following legislative statements:
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.
Between 1942 and 1946, 10 percent of the braceros' wages was
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. Yet, even upon returning most braceros never
received the savings that were automatically deducted from
their paychecks.
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
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and $3 billion, including interest.
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.
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 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.
There are two categories of documents that must be presented:
proof of Mexican citizenship (a Mexican-issued passport,
Mexican voting card, Mexican military service card, or
Declaration de Nacionalidad Mexicana), and evidence of
employment in the United States (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.
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.
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.
This measure would urge the United States government to urge the
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Mexican government to extend the deadline for submitting a
claim.
This measure would further urge 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.
COMMENT
1. Stated need for the bill
The deadline to apply for a portion of the settlement with the
Mexican government in the United States expired on January 5,
2009. According to the author, many ex-braceros and their
relatives were unaware of the settlement or the application
deadline. Other ex-braceros were aware of the deadline, but
were struggling to locate original documents because copies and
affidavits were not accepted by the Mexican government as proof
of a valid claim.
The author asserts that California has a moral responsibility in
this matter because many ex-braceros worked and now reside in
the state. The author further asserts that AJR 2 will make sure
that all braceros are properly reimbursed with the same amount
of money by extending the deadline for filing a claim and urging
the acceptance of a variety of documents and proof of a valid
claim.
2.This resolution is consistent with the state's current public
policy
In 2002, the Legislature enacted AB 2913 (Firebaugh, Chapter
1070, Statutes of 2002), which provided that braceros, or their
heirs or beneficiaries, may sue on claims for failure to pay
withheld wages under the federal bracero program in any court of
competent jurisdiction in the state. AB 2913 also provided that
any such claim would not be dismissed for failure to comply with
the otherwise applicable statute of limitations, provided that
the claim is filed on or before December 31, 2005. The bill
essentially provided for a statutory waiver of the statute of
limitations to enable braceros to pursue claims to recover their
withheld wages. In enacting AB 2913, the Legislature made
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several findings and declarations, including the following:
Many braceros came to work in California, and many
subsequently returned to California and became residents or
citizens of this state. California has a moral and public
interest in assuring that braceros who are claiming
entitlement to savings fund moneys are given a reasonable
opportunity to claim their entitlement to wages withheld from
them.
This resolution is thus consistent with current public policy
and prior legislative findings and declarations.
Support : California Labor Federation; American Federation of
State, County, and Municipal Employees (ASFCME), AFL-CIO;
Service Employees International Union; Services, Immigrant
Rights, and Education Network; California Rural Legal Assistance
Foundation; Coalition for Humane Immigrant Rights of Los
Angeles; American Civil Liberties Union; Mexican American Legal
Defense and Educational Fund; California Immigrant Policy
Center; California Communities United Institute; five
individuals
Opposition :None Known
HISTORY
Source : Author
Related Pending Legislation : None Known
Prior Legislation : AB 2913 (Firebaugh, Chapter 1070, Statutes of
2002). See Comment 2.
Prior Vote :
Assembly Labor and Employment Committee (Ayes 5, Noes 1)
Assembly Floor (Ayes 77, Noes 0)
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