Bill Text: CA AJR2 | 2009-2010 | Regular Session | Chaptered
Bill Title: Mexican braceros: settlement.
Spectrum: Slight Partisan Bill (Democrat 55-22)
Status: (Passed) 2009-06-16 - Chaptered by Secretary of State - Res. Chapter 51, Statutes of 2009. [AJR2 Detail]
Download: California-2009-AJR2-Chaptered.html
BILL NUMBER: AJR 2 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 51
FILED WITH SECRETARY OF STATE JUNE 16, 2009
ADOPTED IN SENATE JUNE 11, 2009
ADOPTED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Caballero
(Coauthors: Assembly Members Arambula, Coto, De Leon, Fuentes,
Hernandez, Mendoza, Nava, John A. Perez, V. Manuel Perez, Salas,
Saldana, Solorio, Torres, Torrico, Adams, Ammiano, Anderson, Beall,
Bill Berryhill, Tom Berryhill, Block, Blumenfield, Brownley,
Buchanan, Charles Calderon, Carter, Chesbro, Conway, Cook, Davis, De
La Torre, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hill, Huber, Huffman, Jeffries, Jones, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Monning, Niello, Nielsen, Portantino,
Price, Ruskin, Silva, Skinner, Smyth, Audra Strickland, Swanson,
Torlakson, Tran, and Yamada)
(Coauthors: Senators Cedillo, Correa, Florez, Negrete McLeod, and
Oropeza)
JANUARY 22, 2009
Relative to Mexican braceros.
LEGISLATIVE COUNSEL'S DIGEST
AJR 2, Caballero. Mexican braceros: settlement.
This measure would urge the United States government to urge the
Mexican government to extend the deadline for Mexican laborers, known
as braceros, who worked in the United States beginning in 1942 as
part of a labor importation program initiated by the United States to
alleviate a labor shortage during World War II, to submit a claim to
recover unpaid wages from a specified settlement fund. It would also
urge the United States government to urge the Mexican government to
accept a variety of documents as proof of a valid claim.
WHEREAS, The "Bracero" program was a labor importation program
initiated by the United States government in 1942 to alleviate the
country's labor shortage during World War II. Over the program's
22-year life, more than 4.5 million Mexican nationals, known as
braceros, were legally contracted to work in the United States; and
WHEREAS, Between 1942 and 1946, 10 percent of the braceros' wages
were deducted from each paycheck and set aside for a "savings fund,"
to be paid to the braceros upon their return to Mexico and to ensure
that the braceros would return to their country. Yet, even upon
returning most braceros never received the savings that were
automatically deducted from their paychecks; and
WHEREAS, For years the braceros have petitioned the Mexican
government and, more recently, the Mexican bank, Banrural, to
acknowledge the existence of these funds. Farmworker activists
estimate the total sum owed to the braceros to be between $150
million and $3 billion, including interest; and
WHEREAS, Eight years ago, six braceros filed a class action
federal lawsuit, on behalf of themselves and other braceros, against
the Mexican government. Those six braceros and the Mexican government
have now entered into a proposed settlement, which may entitle the
braceros to a one-time award of 38,000 pesos each from the Mexican
government; and
WHEREAS, The Mexican government has stated that the settlement
only applies to braceros who worked from 1942 to 1946, which it said
was the period when 10 percent of the braceros' wages were deducted.
Many braceros claim the deduction continued after 1946, and many
braceros were unable to prove that they were employed during and
after 1946. Requirements imposed on the braceros by the Mexican
government are very stringent and difficult for braceros to fulfill,
including a requirement to provide only original documents or
certified (apostilled) copies. There are two categories of documents
that must be presented: proof of Mexican citizenship (a
Mexican-issued passport, Mexican voting card, Mexican military
service card, or Declaracion de Nacionalidad Mexicana), and evidence
of employment in the United States (proof of an individual work
contract issued by a United States employer, proof of payment of
wages by a United States employer, an apostilled social security
record showing payments derived from work in the bracero program, or
a Mexican Consular identification card). Only original or certified
replacement copies may be submitted. The Mexican government has
stated that eligibility for this payment includes any bracero, or his
or her heir or beneficiary, who can prove the worker was employed in
the program in the United States between the years of 1942 and 1964
for a one-time payment of thirty-eight thousand Mexican pesos
($38,000) or about three thousand five hundred dollars ($3,500); and
WHEREAS, The State of California has a unique social and moral
responsibility in this matter because many of the braceros worked and
resided in California and because many elderly braceros and their
heirs or beneficiaries are now residents of this state; and
WHEREAS, All claims must be submitted no later than January 5,
2009, in the United States and January 28, 2009, in Mexico. Claim
forms must be submitted to one of the Mexican Consulates in the
United States or to the Consular Section of the Embassy of Mexico in
Washington, D.C., and must be received by the consulate or the
Consular Section of the Embassy of Mexico on or before that date;
now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of the State of California
urges the United States government to urge the Mexican government to
extend the deadline for submitting a claim; and be it further
Resolved, That the Legislature urges the United States government
to urge the Mexican government to accept a variety of documents,
including, but not limited to, affidavits or copies of original
documents, to prove that a bracero or his or her heir or beneficiary
has a valid claim; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, to each Senator and Representative
from California in the Congress of the United States, to Ambassador
Arturo Sarukhan, Ambassador of Mexico to the United States, and to
the Consul General of Mexico in the following cities: Calexico,
Fresno, Los Angeles, Oxnard, Sacramento, San Diego, San Francisco,
San Jose, and Santa Ana.
