BILL ANALYSIS
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THIRD READING
Bill No: AJR 2
Author: Caballero (D), et al
Amended: 5/4/09 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/9/09
AYES: Corbett, Harman, Florez, Leno, Walters
ASSEMBLY FLOOR : 77-0, 5/04/09 - See last page for vote
SUBJECT : Mexican braceros: settlement
SOURCE : Author
DIGEST : This resolution urges 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
resolution also urges the United States government to urge
the Mexican government to accept a variety of documents as
proof of a valid claim.
ANALYSIS : 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
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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 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.
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 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 (a
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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.
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.
This resolution urges the United States government to urge
the Mexican government to extend the deadline for
submitting a claim.
This resolution further 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.
Background
During World War II, the United States suffered a shortage
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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 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.
In 2002, the Legislature enacted AB 2913 (Firebaugh,
Chapter 1070, Statutes of 2002), which provided that
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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 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.
Prior Legislation
AB 2913 (Firebaugh, Chapter 1070, Statutes of 2002).
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/10/09)
American Civil Liberties Union
American Federation of State, County, and Municipal
Employees, AFL-CIO
California Communities United Institute
California Immigrant Policy Center
California Labor Federation
California Rural Legal Assistance Foundation
Coalition for Humane Immigrant Rights of Los Angeles
Mexican American Legal Defense and Educational Fund
Service Employees International Union
Services, Immigrant Rights, and Education Network
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ARGUMENTS IN SUPPORT : 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.
According to the author's office, California has a moral
responsibility in this matter because many ex-braceros
worked and now reside in the state. The author further
states that this resolution 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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Fuller, Miller
RJG:nl 6/10/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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