BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 560|
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                                   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: 









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          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  







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            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  







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          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  







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          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  







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          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


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