BILL ANALYSIS Ó
AB 35
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Date of Hearing: May 15, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 35 (Hernandez) - As Amended: April 15, 2013
Policy Committee: JudiciaryVote:
9-0
Transportation 13-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill provides specified consumer protections to immigrants
filing an application under the federal deferred action for
childhood arrivals program, and clarifies that these individuals
are eligible for DMV-issued state identification cards (IDs).
Specifically, this bill:
1)Clarifies that immigration consultants, attorneys, and
notaries public are the only individuals authorized to charge
for providing consultations, legal advice, or notary public
services, respectively, associated with filing an application
under the deferred action for childhood arrivals program
announced by the US Department of Homeland Security in June
2012.
2)Specifies that, in providing these services, the above are
prohibited from price gouging, defined as any practice having
the effect of pressuring the client or prospective client to
purchase services immediately because purchasing them at a
later time will result in paying a higher price for the same
services.
3)Provides that in addition to existing civil and criminal
penalties, a violation of the above by an attorney shall be
cause for discipline by the State Bar, and a violation by a
notary public shall be cause for the revocation or suspension
by the Secretary of State.
4)Clarifies that a person who has received a notice of decision
from the federal government granting deferred action is
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eligible for unemployment compensation contingent on receipt
of employment authorization from the federal government.
5)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.
6)States that all of the above is declarative of existing law.
FISCAL EFFECT
1)Potential minor absorbable cost to the Attorney General and
potential minor non-reimbursable costs to local prosecutors
for bringing actions pursuant to violations of the bill's
requirements-pursuant to general enforcement provisions
regarding immigration consultants-offset to some extent by
revenues from civil penalties.
2)Potential minor absorbable costs to the Secretary of State for
enforcement of provisions regarding notaries public.
3)DMV indicates no costs, as the bill is only a clarification
with regard to issuance of identification cards.
COMMENTS
1)Background . On June 15, 2012, the Secretary of Homeland
Security announced that certain people who have come to the
United States as children 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 meet specified requirements, including that
they were under the age of 31 as of June 15, 2012; entered the
US before reaching age 16; 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.
An approved application under the deferred action program will
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either stop pending deportation proceedings or preclude the
federal government from starting deportation proceedings
against grantees. Moreover, deferred action grantees are also
eligible to apply for 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.
Nationwide, almost 440,000 applications had been received
through February 14, 2013, with about 120,000 (27%) of these
applications from immigrants currently residing in California.
2)Purpose . Existing law establishes minimum consumer protections
regarding who may engage in the business of preparing and
advising on immigration applications and related services.
Supporters of AB 35 contend protections would be strengthened
by adding a provision that is specific to deferred action
applicants, particularly because the volume of applications
under the program may lead to greater fraud and abuse in a
program that is not always well understood.
This bill also clarifies that persons approved under the
deferred action program and authorized to work, are entitled
to unemployment compensation if they are otherwise eligible.
According to supporters, applicants approved under the
deferred action for childhood arrivals program fall within the
categories eligible for the immigration classification known
as PRUCOL (permanently residing under color of law).
Accordingly, they are typically eligible under various state
and federal programs, and generally receive work
authorization. As such, these persons are arguably entitled
to unemployment compensation under existing law. AB 35 is
simply a clarification in this regard.
AB 2189 (Cedillo and Skinner)/Chapter 862 of 2012, brought
state law into conformity with the federal deferred action
program by codifying access to driver's licenses for deferred
action grantees. 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. Given the number of younger deferred action grantees
unable to obtain a driver's license due to age restrictions or
financial constraints, AB 35 provides this clarification by
codifying eligibility for identification cards.
AB 35
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Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081