Bill Text: CA SB831 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Agricultural workers: immigration: parole.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 636, Statutes of 2023. [SB831 Detail]

Download: California-2023-SB831-Amended.html

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Amended  IN  Assembly  September 01, 2023

Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 831

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Introduced by Senator Caballero

February 17, 2023

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An act to add Article 9 (commencing with Section 12092) to Chapter 1 of Part 2 of Division 3 of Title 2 of the Government Code, relating to agricultural workers.

LEGISLATIVE COUNSEL'S DIGEST

SB 831, as amended, Caballero. Department of Community Services and Development: pilot program: lawful permanent residents. Agricultural workers: immigration: parole.

Existing federal law, the Immigration and Nationality Act, makes certain aliens ineligible to receive visas and ineligible to be admitted into the United States, except as specified. The act authorizes the United States Attorney General to parole into the United States, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the United States, as specified.

Existing law authorizes the Governor to enter into specified agreements with the federal government on behalf of the state. Under existing law, these agreements concern various subject matters, including, but not limited to, health, such as the state Medicaid plan relating to the Medi-Cal program, and transportation matters.

This bill would authorize the Governor to enter into an agreement with the United States Attorney General to establish a program for the United States Attorney General to grant an agricultural employee, as defined, parole pursuant to the above-described authorization under the act, as specified. Subject to implementation of that program, the bill would require the Governor to prepare a report on the impact of the program on the 3rd year of the renewal of the program, as provided.

Existing law sets forth the duties of the Department of Community Services and Development respecting certain community programs in the state, including administering the Naturalization Services Program that provides funding to community-based organizations to assist lawful permanent residents in obtaining citizenship.

This bill would authorize the Governor to enter into an agreement with the federal government to establish a workgroup to develop a pilot program for an agricultural employee, as defined, who meets specified eligibility criteria, including that they have lived continuously in the United States for 5 years, to be granted lawful permanent resident status. The bill would authorize the department to administer the pilot program, and establish an application process and eligibility criteria for that program, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) California is soon to be the fourth largest economy in the world. This economy relies on a healthy workforce capable of meeting the needs to keep the economy strong.

(b) California is a major agricultural producing state in the United States with more than $50,000,000,000 in agricultural annual revenue and producing over 13 percent of the United States agricultural value. California produces more than 400 commodities, including over one-third of the vegetables and three-quarters of the fruits and nuts consumed in the United States.

(c) California’s agricultural sector is vital to the economy of the state, including small and rural communities. California’s agricultural commodities are also exported globally. According to a study by the University of California, Davis, every dollar of value added (labor and property income and indirect business taxes) in farming and agriculture-related industries generates an additional $1.27 in the state economy. For every 100 jobs in agriculture, there are 94 additional jobs created throughout the state. California’s ability to grow food domestically is important to maintain the health and welfare of the 40,000,000 residents that live in the state, in order to reduce the need to import food from other countries. California’s agriculture contributes significantly to the state’s economic well-being and is vital to its stability and growth. This business sector relies upon a stable workforce to maintain economic production and revenues. However, farmers and agricultural producers in California are struggling to find a reliable and consistent workforce.

(d) Despite the country’s need for labor there are still many workers who are undocumented and not eligible to obtain a work permit due to the federal government’s failure to take action. Undocumented workers are a primary workforce in agriculture despite the risk of deportation by the federal government. Additionally, undocumented agricultural workers have no access to disability benefits and social security benefits that they earn as part of their work in agriculture due to their immigration status.

(e) During the COVID-19 pandemic, our country experienced a shortage of paper products, hand sanitizer, face masks, and many other goods, but fresh fruits and vegetables were always available. Undocumented agricultural workers were classified as essential workers, yet they were ineligible to receive unemployment benefits or any other COVID-19 relief granted by the federal government and faced higher infection and death rates than other workers.

(f) California recognizes the value of undocumented workers and their families and has enacted legislation to protect their rights and integrate them into our society. California provides benefits and resources for undocumented California workers, such as disability insurance; paid family leave; Medi-Cal, Women, Infants, and Children program (WIC); as well as free or reduced school meals. California also provides resources for Deferred Action for Childhood Arrivals (DACA) recipients. There are about 590,000 DACA recipients in the United States and approximately 28 percent of DACA recipients live in California. California created the California Dream Act that allows undocumented students and DACA recipients to receive financial aid. Despite all the work California has done to protect undocumented workers, they continue to face the possibility of deportation, family separation, and lost wages and benefits due to their immigration status, all of which negatively affects California’s economy, public safety, and quality of life in our communities.

SEC. 2.

 Article 9 (commencing with Section 12092) is added to Chapter 1 of Part 2 of Division 3 of Title 2 of the Government Code, to read:

Article  9. California Program for Agricultural Employees

12092.

 As used in this article, the following terms apply:

(a) “Agricultural employee” has the same meaning as that term is defined in subdivision (b) of Section 1140.4 of the Labor Code.

(b) “Parole” has the same meaning as that term is used in Section 1182(d)(5)(A) of Title 8 of the United States Code, which authorizes the United States Attorney General, on a case-by-case basis, to parole an alien applying for admission to the United States if there is an urgent humanitarian reasons or significant public benefit.

(c) “Program” means a program for an agricultural employee to be granted parole.

12092.1.

 To address the state’s critical need for labor provided by agricultural employees, and the economic harm California faces from the uncertainty surrounding the immigration status of the state’s agricultural employee workforce, the Governor, on behalf of this state, may enter into an agreement with the United States Attorney General, or the United States Attorney General’s designee, to establish a program for the United States Attorney General, or the United States Attorney General’s designee, to grant an agricultural employee, living in the state, parole.

12092.2.

 Subject to the implementation of the program, on the third year of the renewal of the program, the Governor shall prepare a report to the Legislature, in accordance with Section 9795, on the impact of the program on all of the following:

(a) The state’s critical need for labor provided by agricultural employees.

(b) The state’s ability to attract and maintain its agricultural employee workforce.

(c) Other effects on the state’s economy.

SECTION 1.Article 9 (commencing with Section 12092) is added to Chapter 1 of Part 2 of Division 3 of Title 2 of the Government Code, to read:

9.Lawful Permanent Resident Pilot Program

12092.

As used in this article, the following terms apply:

(a)“Agricultural employee” has the same meaning as that term is defined in subdivision (b) of Section 1140.4 of the Labor Code.

(b)“Department” means the Department of Community Services and Development.

(c)“Lawful permanent resident” has the same meaning as that term is defined in Section 1101(a)(20) of Title 8 of the United States Code.

(d)“Pilot program” means the pilot program for an agricultural employee to be granted lawful permanent resident status, as described in this article.

12092.1.

The Governor, on behalf of this state, may enter into an agreement with the federal government to establish a workgroup to develop a pilot program for an agricultural employee who has lived continuously in the United States for five years to be granted lawful permanent resident status.

12092.2.

(a)Upon implementation of the pilot program, the department may administer the pilot program.

(b)The department may establish an application process for the pilot program, which includes, but is not limited to, all of the following:

(1)The payment of application fees to the department and any federal entity to obtain lawful permanent resident status.

(2)A criminal history background check.

(3)A national security check.

12092.3.

The department may establish eligibility criteria for an agricultural employee to be eligible for lawful permanent resident status. An agricultural employee may be eligible for lawful permanent resident status under the pilot program if the individual meets all of the following:

(a)They have lived continuously in the United States for five years.

(b)They have demonstrated good moral character.

(c)They have not been convicted of a crime.