BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 560| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 560 Author: Gomez (D), et al. Amended: 6/23/15 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE: 5-2, 6/16/15 AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski NOES: Moorlach, Anderson ASSEMBLY FLOOR: 54-22, 4/27/15 - See last page for vote SUBJECT: Civil actions: immigration status SOURCE: Mexican American Legal Defense and Educational Fund DIGEST: This bill specifies that the immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy, except for employment-related prospective injunctive relief that would directly violate federal law. This bill generally prohibits discovery or other inquiry in a civil action or proceeding relating to a minor child's immigration status except as specified. This bill further states that its provisions are declaratory of existing law and that the express application of this act to minors is not intended to imply that adults are not likewise protected by existing law in the same circumstances. ANALYSIS: Existing law provides that the Legislature finds and declares the following: AB 560 Page 2 1)All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. 2)For purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person's immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person's immigration status except where the person seeking to make this inquiry has shown by clear and convincing evidence that this inquiry is necessary in order to comply with federal immigration law. 3)These provisions are declaratory of existing law. 4)The provisions are severable. If any provision of the above provisions or their application is held invalid, that invalidity is prohibited from affecting other provisions or applications that can be given effect without the invalid provision or application. This bill: 1)Provides that the immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy, except for employment-related prospective injunctive relief that would directly violate federal law. 2)Provides that discovery or other inquiry in a civil action or proceeding relating to a minor child's immigration status shall not be permitted except where the minor child's claims place the minor child's immigration status directly in contention or the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is AB 560 Page 3 necessary in order to comply with federal immigration law. 3)States that its provisions are declaratory of existing law. 4)Provides that the express application of this act to minors is not intended to imply that adults are not likewise protected by existing law in the same circumstances. Background In 2002, the United States Supreme Court, in Hoffman Plastic Compounds Inc. v. NLRB (2002) 535 U.S. 137, held that the National Labor Relations Board (NLRB) is precluded from awarding backpay to undocumented workers because an award to these specific workers would be beyond the bounds of NLRB's remedial discretion and run counter to the federal Immigration Reform and Control Act of 1986 (IRCA). Even though the workers might be victims of unfair labor practices, the workers were never legally authorized to work in the United States, and as a result, the Court held that awarding backpay to undocumented immigrants would "unduly trench upon explicit statutory prohibitions critical to federal immigration policy," as expressed in IRCA and "would encourage the successful evasion of apprehension by immigration authorities, condone prior violations of the immigration laws, and encourage future violations." (Id. at 151, noting at 152 that NLRB's "lack of authority to award backpay does not mean that the employer gets off scot-free. The Board here has already imposed other significant sanctions against Hoffman - sanctions Hoffman does not challenge.") In response to Hoffman, this Legislature enacted an urgency measure, AB 1818 (Romero, Chapter 1071, Statutes of 2002) to limit the potential effects of that decision on this state's labor and civil rights laws. The bill codified substantially similar legislative findings and declarations throughout the Civil Code, the Government Code, the Labor Code, and the Health and Safety Code relative to enforcement actions relating to the rights of immigrants. For example, the following findings and AB 560 Page 4 declarations were codified in Section 3339 of the Civil Code: (1) all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals, regardless of immigration status, who have applied for employment, or who are or who have been employed, in this state; (2) for purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person's immigration status is irrelevant to the issue of liability and no inquiry shall be permitted into a person's immigration status except when necessary to comply with federal immigration law; and (3) the bill's provisions are declaratory of existing law. This bill, sponsored by the Mexican American Legal Defense and Educational Fund, now codifies that the immigration status of children is irrelevant, except as specified. This bill similarly states that such information is generally inadmissible for purposes of discovery. Comments As stated by the author: Existing law specifies a number of situations where immigration status is not to be considered, but it does not specifically address protections for minor children or personal injury matters. California continues to be a leader in protecting undocumented children and families. AB 560 seeks to end the legal argument that immigrant children deserve less, when seeking recovery under the law, simply because they are undocumented. This is achieved by declaring that a minor's immigration status is irrelevant to the issue of liability or remedy and by prohibiting the discovery into a minor child's immigration status. FISCAL EFFECT: Appropriation: No Fiscal AB 560 Page 5 Com.:NoLocal: No SUPPORT: (Verified6/24/15) Mexican American Legal Defense and Educational Fund (source) Asian Americans Advancing Justice - Sacramento California Association for Bilingual Education California Catholic Conference, Inc. California Communities United Institute California Equity Leaders Network California Immigrant Policy Center California Labor Federation California Rural Legal Assistance Foundation Californians Together Consumer Attorneys of California Equality California Latino Coalition for a Healthy California Latino Health Alliance National Association of Social Workers-California Chapter Service Employees International Union-California OPPOSITION: (Verified6/24/15) None received ARGUMENTS IN SUPPORT: The sponsor of this bill, the Mexican American Legal Defense and Educational Fund, writes that "a loophole in California law intended to protect undocumented workers permits tortfeasors, including intentional violators who choose their victims, to argue that a child victim's recovery should be limited because of immigration status. Recently, the Los Angeles Unified School District asserted such an argument in defending an action brought by children sexually abused in the classroom. No intentional tortfeasor should be sent the message that he can avoid the full consequences of his actions by choosing undocumented victims. And no child should ever be led to understand that California courts value her future less than that of other children. AB 560 would close the loophole in current law, clarifying that our law treats children equally AB 560 Page 6 regardless of status, and foreclosing any argument to the contrary." In support, the California Catholic Conference writes that "AB 560 sends a strong message that predatory behavior toward the immigrant population will not be tolerated and that the State of California aims to protect underage individuals from becoming victims of discrimination, thereby, fulfilling its process to implement the law and uphold the rights and dignity of all immigrants." ASSEMBLY FLOOR: 54-22, 4/27/15 AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez, Low, Mathis, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Mayes, Melendez, Obernolte, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Campos, Chang, Maienschein, Olsen Prepared by:Ronak Daylami / JUD. / (916) 651-4113 6/24/15 17:33:33 **** END ****