This bill would prohibit public officials and agencies from
adopting a policy that limits or restricts the enforcement of federal
immigration laws or that restricts the sharing of a person's
immigration status, as specified. The bill would allow any person to
bring an action against an entity to enforce these provisions.
Existing law generally regulates employment, including, but not
limited to, the wages, hours, and working conditions of employees.
This bill would prohibit an employer from knowingly or
intentionally employing an unauthorized alien, as specified. The bill
would establish a process for persons to file complaints of
violations of these provisions with the Attorney General or a
district attorney. The bill would make it a misdemeanor to make a
false and frivolous complaint alleging a violation of these
provisions by an employer. The bill would provide for the
investigation of these complaints and specify consequences, including
the suspension of certain licenses, for employers that violate these
provisions. The bill would require every employer to verify the
employment eligibility of employees through the federal E-Verify
program and require employers to participate in the federal E-Verify
program in order to be eligible for economic development incentives,
as specified. Because this bill would impose new duties on local
governments and district attorneys, it would impose a state-mandated
local program.
Existing law, held unenforceable as preempted by federal law in
the case of League of United Latin American Citizens v. Wilson (1997)
977 F.Supp. 1244, requires every law enforcement agency, with
respect to any person who is arrested and suspected of being present
in the United States in violation of federal immigration laws, to,
among other things, attempt to verify the legal status of such person
and notify the Attorney General and federal authorities of any
apparent illegal status. Existing law makes it a felony, punishable
in the state prison for 5 years and a fine of $25,000, for any person
to use false documents to conceal his or her true citizenship or
resident alien status.
This bill would make it a misdemeanor for a person to be present
on any public or private land while at the same time the person is in
violation of specified federal immigration laws. The bill would make
it a felony to be in violation of this provision if the person is in
possession of specified drugs, weapons, or property, as specified.
The bill would make it a felony for a person to intentionally engage
in the smuggling of a human being for profit or commercial purposes,
as specified, and would provide differing penalties depending on the
circumstances of the offense. The bill would make it a misdemeanor
for an occupant of a motor vehicle to attempt to hire persons for
work if the motor vehicle blocks or impedes the normal movement of
traffic. The bill would also make it a misdemeanor to enter a motor
vehicle in order to be hired by an occupant if the motor vehicle
blocks or impedes the normal movement of traffic. The bill would make
it a misdemeanor for a person who is unlawfully present in the
United States and who is an unauthorized alien, as defined, to
knowingly apply for or solicit work or perform work as an employee or
independent contractor.
The bill would make it a misdemeanor to transport or move or
attempt to transport or move an alien when the person knows, or
recklessly disregards the fact, that the alien is in the United
States unlawfully, as specified. The bill would make it a misdemeanor
to conceal, harbor, or shield or attempt to conceal, harbor, or
shield an alien from detection if the person knows, or recklessly
disregards the fact, that the alien is in the United States
unlawfully, as specified. The bill would make it a misdemeanor to
encourage or induce an alien to come to, or reside in, this state if
the person knows, or recklessly disregards the fact, that the alien
would be entering or residing in this state unlawfully. The bill
would make a violation of these provisions a felony if the violation
involves 10 or more illegal aliens. Because this bill would create
various new crimes, it would impose a state-mandated local program.
The bill would require a peace officer to cause the removal and
either immobilization or impoundment of a vehicle if the peace
officer determines that a person is driving the vehicle while the
person is engaged in certain acts involving an alien unlawfully in
the United States, as specified.
The bill would establish the Gang and Immigration Intelligence
Team Enforcement Mission Fund to be funded as specified, and
administered by the Department of Justice to be used, upon
appropriation, for gang and immigration enforcement and for county
jail reimbursements relating to illegal immigration.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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03-07-2011, 08:21 AM
State Immigration Bill In Committee 3-15 (Donnelly)
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