BILL ANALYSIS Ó AB 35 Page 1 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 AB 35 Page 2 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 AB 35 Page 3 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 Page 4 Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081