New CA legislation protects and humanizes undocumented immigrants
Continuing his push for change on immigration issues, California Governor Jerry Brown signed a trio of measures on Monday, August 10 that will change opportunities, as well as the status quo, for many undocumented immigrants.
One bill removes the word “alien” from California’s labor code, which continues to exist throughout federal immigration law. The term is seen as a derogatory, inappropriate description of those not born in the US or who are not fully naturalized citizens.
“The bill banning ‘alien’ is needed to modernize state labor law, in the same way many newspapers have stopped using the term ‘illegal alien’ [to describe undocumented immigrants],” said state Sen. Tony Mendoza (D-Artesia), who authored the bill.
“Alien is now commonly considered a derogatory term for a foreign-born person, and has very negative connotations,” Mendoza said. “The United States is a country of immigrants who not only form an integral part of our culture and society, but are also critical contributors to our economic success.”
Commented Kevin R. Johnson, dean of Public Interest Law and professor of Chicana/o Studies at University of California, Davis, “The concern is that the use of the word ‘alien’ would dehumanize the people affected, and lead to lack of protections under the law.”
A 2013 survey from Pew Research Center found that in media organizations, such as TV broadcasts and newspapers, the use of the term “illegal alien” declined to 5 percent of the terms used that year–down from 21 percent usage six years ago.
Sen. Mendoza’s measure amends a law enacted in 1937 that said “aliens” should be hired on public-works contracts only after citizens of the US. Part of that law was repealed in 1970, but the term “alien” remains in the state labor code.
Pulitzer-winning Filipino journalist (and openly undocumented immigrant) Jose Antonio Vargas, founder of Define American, said, “I don’t think we can change the way people talk about immigrants and immigration until we change the culture in which we think about immigrants and immigration.”
Vargas previously tweeted, “You call it ‘manifest destiny’ and ‘white man’s burden’ and dare to call us ‘illegals’ and ‘criminals’.”
Another law Gov. Brown signed Monday allows legal permanent residents in high school to serve as poll workers in California elections. The legislation aims to help with translation needs in an increasingly diverse voting population.
Currently, students 16 and older may serve as poll workers, but they must be US citizens. However, adult poll workers can be lawful permanent residents.
With the new law, “not only are we expanding our access to bilingual poll workers, we are providing high-school-aged lawful permanent residents firsthand experience with American democracy, hopefully inspiring them to become naturalized voting citizens in the future,” Assemblyman Kevin Mullin (D-South San Francisco) said.
“These bills reflect a state that both recognizes and respects the diversity–and contributions–of all Californians,” said Evan Westrup, a spokesman for the governor.
Asian Americans Advancing Justice in Los Angeles championed the bill as a way to expand the pool of potential bilingual poll workers, as well as to create a vehicle for encouraging civic participation by high school students (who cannot vote until they turn 18).
“Although bilingual ballots and assistance are required in many languages by federal law, many counties find it challenging to recruit enough bilingual poll workers to meet the needs of their voters. With the addition of high school students to the pool, many counties will now be able to ensure greater language access at the polls,” said Deanna Kitamura, supervising attorney for Advancing Justice – LA’s Democracy Project. “We worked closely with the counties to get AB 554 passed.”
“We thank the Governor, Assemblyman Mullin, and state legislators for supporting this bill. Civic engagement is a core value for our nation,” added Betty Hung, policy director at Advancing Justice – LA. “Through AB 554, non-citizen high school students will both provide an important service to the community and also witness democracy in action. We hope that those who serve as poll workers will be inspired to become citizens and to vote.”
The third legislation piece Brown passed protects the rights of young immigrant minors in civil lawsuits, involving liability.
The measure by Assemblyman Jimmy Gomez (D-Echo Park) is in response to a lawsuit on behalf of more than 80 elementary school children against the Los Angeles Unified School District over alleged sexual misconduct by a former teacher at Miramonte Elementary School.
Attorneys for the plaintiffs asked the court to preclude inquiry into the immigration status of the plaintiffs in the case. The school district argued against the request, saying immigration status is “relevant to determining the plaintiffs’ potential for earning money in the future.”
Existing law specifies certain situations in which immigration status is not to be considered. However, it does not address minor children or personal injury matters, state officials said. The new bill signed by the governor clarifies that the immigration status of a minor child, under any applicable law, is irrelevant to the issues of liability or remedy.
“An undocumented child deserves the same protections as any other child in our state,” Gomez said. He added that his bill will “ensure fairness for all minors and the prevention of devaluing any child, when they are the victims of crime, regardless of their immigration status.”
In total, the governor signed 15 bills on Monday. The immigration-related measures take effect starting January 1, 2016. (With reports from Los Angeles Times)
