Save Our State - AB 263 Criminalizing The Reporting Of Illegals

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- - AB 263 Criminalizing The Reporting Of Illegals (http://www.saveourstate.info/showthread.php?t=7584)

AB 263 Criminalizing The Reporting Of Illegals

Basically this bill would prohibit or inhibit a person from reporting an illegal alien to the authorities, even the feds. That would be me for one, as I always report illegals when I come across them. But this would stop an employer from doing that, as well as another employee or anyone who came across the knowledge that an employee was illegal

Quote:

BILL NUMBER: AB 263 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Roger Hernández

FEBRUARY 7, 2013

An act to add Section 1171.7 to the Labor Code, relating to
employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 263, as introduced, Roger Hernández. Employment: retaliation:
immigration-related document practices.
Existing law declares that an individual who has applied for
employment, or who is or has been employed in this state, is entitled
to the protections, rights, and remedies available under state law,
regardless of his or her immigration status. Existing law declares
that an inquiry into a person's immigration status for purposes of
enforcing state labor and employment laws shall not be permitted,
unless a showing is made, by clear and convincing evidence, that the
inquiry is necessary in order to comply with federal immigration law.

This bill would make it unlawful for an employer or any other
person to engage in, or direct another person to engage in, an unfair
immigration-related document practice against a person for the
purpose of, or with the intent of, retaliating against any person for
exercising a right protected under state labor and employment laws
or under a local ordinance applicable to employees, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 1171.7 is added to the Labor Code, to read:
1171.7. (a) It shall be unlawful for an employer or any other
person to engage in, or to direct another person to engage in, an
unfair immigration-related document practice against a person for the
purpose of, or with the intent of, retaliating against any person
for exercising a right protected under this code or under a local
ordinance applicable to employees. (b) "Exercising a right protected under this code or under a local
ordinance" includes, but is not limited to, filing a complaint or
informing a person of an employer's or other party's alleged
violation of this code or that of a local ordinance, so long as the
complaint or disclosure is made in good faith, seeking information
regarding whether an employer or other party is in compliance with
this code or with a local ordinance, and informing a person of his or
her rights and remedies under this code or under a local ordinance,
and assisting him or her in asserting those rights.

I think this has more to do with something like an illegal calling OSHA or participating in a union drive, whereupon the employer calls immigration concerning a fraudulent I9 to get rid of the "problem".

I have a dim recollection of an employer (or more) who used to employ illegals on a promise of big money, but called INS on the employees when payoff was due.

OSHA is the last entity any employee wants to contact - the company will figure out who it was that filed (even if the complaint was anonymous) and figure out a way to terminate the employee for cause.

And maybe can a few more to whip the rest into shape.

Quote:

Originally Posted by ilbegone (Post 22710)

Unfortunately it encompasses "any other person" in addition ot being directed at employers. We'll see what happens during the analysis, but a judge has already ruled that a company has a first amendment right to report a crime or violator to the federal government. The case cited is a bank who was sued for denying a loan to an illegal, and then reported said illegal to immigration authorities

The case cited can be found here. So the proposed law conflicts with the Anti-SLAPP laws already in print in the California codes:

http://nelp.3cdn.net/bb1294200d9f4d0e55_apm6bxws9.pdf

Update:

Quote:

ARGUMENTS IN OPPOSITION:
The California Employment Law Council (CELC), representing management lawyers in labor and employment matters, argues in opposition:
"While there is a legitimate policy question about the activities delineated, one major problem with AB 263 is that the bill essentially provides a 'two strikes and you are out' penalty for violations. The bill would require courts to permanently revoke all licenses possessed by the business for second or subsequent violations of unfair immigration-related practices, except for professional licenses. This would appear to require a court, for example, to permanently revoke applicable business licenses for two violations by a rogue supervisor of a large employer, permanently putting the business out of operation at a given location.
We pledge to work with the author to address concerns about unfair immigration practices with employers, but the provisions of AB 263 are vastly overbroad and could threaten the operation of responsible businesses."
A group calling itself Save our State argues that the bill "is being offered in a disguised attempt to dissuade employers from reporting illegal aliens to ICE or other federal immigration authorities." This group concludes, "California's people and businesses shall retain their rights to report crime, and the legislature shall make no law infringing upon the right to freely speak, and especially so, to access law enforcement on matters of their choosing without fear of reprisal."