BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 35
                                                                  Page  1

          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
                                                                  Page  3

          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