AB 35, as introduced, Roger Hernández. Deferred action for childhood arrivals.
(1) Under existing federal law, the Secretary of the Department of Homeland Security has issued a directive allowing certain undocumented individuals who meet several key criteria for relief from removal from the United States or from entering into removal proceedings to be eligible to receive deferred action for a period of 2 years, subject to renewal, and who will be eligible to apply for work authorization.
Existing law provides for the regulation of immigration consultants by the Department of Consumer Affairs, the licensure and regulation of attorneys by the State Bar of California, and the commission of notaries public by the Secretary of State. A violation of certain of these provisions is a crime.
This bill would provide that immigration consultants, attorneys, and notaries public shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under the deferred action program. The bill also would prohibit immigration consultants, attorneys, and notaries public from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. By expanding the definition of a crime, this bill would impose a state-mandated local program.
(2) Commencing January 1, 2013, state law provides that any federal document demonstrating favorable action by the federal government for acceptance of a person into this deferred action program shall satisfy specified requirements for the purposes of being authorized to receive an original driver’s license from the Department of Motor Vehicles, as described.
This bill would provide that these provisions also apply for the purposes of being authorized to receive a California identification cards.
(3) Existing law provides for various public benefits, including, but not limited to, public social services such as CalWORKs, Medi-Cal, and CalFresh. Existing law provides that funds are continuously appropriated from the General Fund for the state’s share of certain public social services programs, such as CalWORKs. Existing law also provides for unemployment compensation benefits to eligible persons who are unemployed through no fault of their own.
This bill would, to the extent permitted by federal law and contingent on the appropriation of funds, provide that a person who has received a notice of decision from the federal government granting deferred action under the deferred action program shall be eligible for public benefits, including, but limited to, state-administered medical assistance and unemployment compensation benefits, to the same extent that a legal resident of California is eligible for those benefits. By increasing county duties by expanding eligibility for certain public social services, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 22449 is added to the Business and
2Professions Code, to read:
(a) Immigration consultants, attorneys, and notaries
4public shall be the only individuals authorized to charge clients or
5prospective clients fees for providing consultations, legal advice,
6or notary public services, respectively, associated with filing an
7application under the deferred action for childhood arrivals program
8announced by the United States Secretary of the Department of
9Homeland Security on June 15, 2012.
10(b) (1) Immigration consultants, attorneys, and notaries public
11shall be prohibited from participating in practices that amount to
12price gouging when a client or prospective client solicits services
13associated with filing an application for deferred action for
14childhood arrivals as described in subdivision
(a).
15(2) For the purposes of this section, “price gouging” means any
16practice that has the effect of pressuring the client or prospective
17client to purchase services immediately because purchasing them
18at a later time will result in the client or prospective client paying
19a higher price for the same services.
20(c) (1) In addition to the civil and criminal penalties described
21in Section 22445, a violation of this section by an attorney shall
22be cause for discipline by the State Bar pursuant to Chapter 4
23(commencing with Section 6000) of Division 3.
24(2) In addition to the civil and criminal penalties described in
25Section 22445, a violation of this section by a notary public shall
26be cause for the revocation or suspension of his or her commission
27as a notary public by the Secretary of State and the
application of
28any other applicable penalties pursuant to Chapter 3 (commencing
29with Section 8200) of Division 1 of Title 2 of the Government
30Code.
Section 12801.6 of the Vehicle Code is amended to
32read:
(a) Any federal document demonstrating favorable
34action by the federal government for acceptance of a person into
35the deferred action for childhood arrivals program shall satisfy the
36requirements of Section 12801.5.
37(b) The department may issue an original driver’s licensebegin insert or end insert
38begin insertCalifornia identification cardend insert to the person who submits proof of
P4 1presence in the United States as authorized under federal law
2pursuant to subdivision (a) and either a social security account
3number or ineligibility for a social security account number.
Section 10001.7 is added to the Welfare and
5Institutions Code, to read:
(a) Notwithstanding any other law, a person who has
7received a notice of decision from the federal government granting
8deferred action under the deferred action for childhood arrivals
9program announced by the United States Secretary of the
10Department of Homeland Security on June 15, 2012, shall be
11eligible for public benefits, including, but not limited to,
12state-administered medical assistance and unemployment
13compensation benefits, to the same extent that a legal resident of
14California is eligible for those benefits.
15(b) Except for unemployment compensation benefits, eligibility
16for benefits under subdivision (a) shall not be contingent on receipt
17of employment authorization from the federal government.
18(c) This section shall be implemented only to the extent
19permitted by federal law, including, but not limited to, Section
201621(d) of Title 8 of the United States Code.
21(d) This section shall be implemented only if, and to the extent
22that, funds are appropriated by the Legislature for purposes of this
23section in the annual Budget Act or in another statute.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution for certain
26costs that may be incurred by a local agency or school district
27because, in that regard, this act creates a new crime or infraction,
28eliminates a crime or infraction, or changes the penalty for a crime
29or infraction, within the meaning of Section 17556 of the
30Government Code, or changes the definition of a crime within the
31meaning of Section 6 of Article XIII B of the California
32Constitution.
33However, if the Commission on State Mandates determines that
34this act contains other costs mandated by the state, reimbursement
35to local agencies and school districts for those costs
shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.
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