BILL ANALYSIS Ó
AB 35
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Date of Hearing: April 29, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 35 (Hernandez) - As Amended: April 15, 2013
SUBJECT : Deferred action for childhood arrivals
SUMMARY : Provides statutory clarifications to ensure
conformity with the Federal Deferred Action for Early Childhood
Arrivals Program (deferred action). Specifically, this bill :
1)Clarifies that the Department of Motor Vehicles (DMV) is
allowed to issue identification cards to a person who has
received notice of decision granting deferred action.
2)Contains several non-transportation related provisions
pertaining to the Federal Deferred Action Program (which were
considered in the Assembly Judiciary Committee).
3) Provides that provisions included in this bill are
declarative of existing law.
EXISTING LAW:
1)Requires applicants for driver's licenses and identification
cards to provide their Social Security Number (SSN) and proof
of legal presence to DMV.
2)Requires DMV to verify the legal presence of driver's license
applicants. Pending that verification, authorizes DMV to issue
a temporary license.
3)At the federal level, authorizes the United States Department
of Homeland Security (DHS) to allow certain undocumented
individuals who meet specific criteria to be granted deferred
action for a period of two years and be subject to renewal.
4)Allows deferred action grantees to apply and receive work
authorization from the United States Department of Citizenship
and Immigration Services (USCIS).
5)Allows persons who are granted deferred action and employment
authorization by USCIS to apply for a SSN.
AB 35
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FISCAL EFFECT : Unknown
COMMENTS : On June 15, 2012, the Secretary of Homeland Security
announced that certain people who have come to the United States
as children and meet specific requirements may request
consideration of deferred action for a period of two years. In
order to be considered and approved to receive deferred action,
the applicant must prove that they:
a) Were under the age of 31 as of June 15, 2012;
b) Entered the United States before reaching age 16;
c) Have continuously resided in the United States since
June 15, 2007, up to the present time;
d) Were physically present in the United States on June 15,
2012, and at the time of making the request for
consideration of deferred action with USCIS;
e) Entered without inspection before June 15, 2012, or
lawful immigration status expired as of June 15, 2012;
f) Are currently in school, have graduated or obtained a
certificate of completion from high school, have obtained a
General Education Development (GED) certificate, or are an
honorably discharged veteran of the Coast Guard or Armed
Forces of the United States; and,
g) Have not been convicted of a felony, significant
misdemeanor, three or more other misdemeanors, and do not
otherwise pose a threat to national security or public
safety.
Under the federal deferred action program, approved applicants
will be granted deferred removal action which may either stop
pending deportation proceedings or preclude the federal
government from starting deportation proceedings against them.
Moreover, deferred action grantees are also eligible to apply
and receive employment authorization for the period of deferred
action. Upon receiving a federally issued employment
authorization card, an individual may apply (with additional
documentation proving age and identity) for a SSN.
In the previous legislative session AB 2189, (Cedillo and
AB 35
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Skinner) Chapter 862, Statutes of 2012, brought state law into
conformity with the federal deferred action program by codifying
access to driver's licenses for deferred action grantees.
However, while current law does in fact allow driver's licenses
and identification cards to be issued to grantees, it does not
clearly specify identification cards in statute. This is
important due to the number of younger deferred action grantees
unable to obtain a driver's license due to age restrictions or
financial constraints. Similar to AB 2189, this bill thus
provides the necessary clarification in statute by codifying
eligibility of identification cards.
Double referred : AB 35 was also heard in the Assembly Judiciary
Committee to consider the non-transportation related provisions
contained in this bill.
REGISTERED SUPPORT / OPPOSITION :
Support
California Immigrant Policy Center
California Welfare Rights Organization
Coalition for Humane Immigrant's Rights of Los Angeles
AFSCME
Community Clinic Association of Los Angeles County
California Primary Care Association
American Academy of Pediatrics
MALDEF
Opposition
None on file
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093