Sunday, September 22

The SB-831 law, a protection for undocumented workers in California

By Juan José Gutiérrez

Dec 18, 2023, 00:33 AM EST

Today we are going to write about an important bill in the state of California, which was signed on October 8 by Governor Gavin Newsom, which means that it will come into effect on January 1, 2024.

I am referring to the law SB-831.

The bill authorizes the governor to establish an agreement with the Attorney General of the United States, Merrick Garland, so that “for reasons of utmost public benefit” a program can be established so that through the Attorney General’s Office, “parole” can be granted. or temporary protected legal stay for immigrants who have worked in agriculture.

This is a summarized history of the initiative and the path it followed to become a legal order.

The law “SB 831” was proposed by Mexican-American Senator Anna Caballero on April 17 before the Human Services Committee, where it was approved unanimously. Eight days later it was voted on in the Committee for Public Safety, where it also passed unanimously.

We had to wait almost a month for SB-831 to reach the Senate Appropriations Committee where it was also approved with 5 votes in favor and 2 against.

SB-831 concluded its journey through the California Upper House on May 30, the date on which it was presented for debate before the Full Senate where it was approved with 34 votes in favor and 2 against.

From the Senate it was transferred to the State Assembly, where we had to wait until September 14 to be discussed and voted on. After an emotional debate between the 60 members of the state Lower House, the final vote was cast, achieving 51 votes in favor and 9 against.

On October 8, it was signed by Governor Newsom and became law; so it goes into effect next year.

Beneficiaries:

-Agricultural workers who have been employed in the fields of California.

-Workers who work in dairy products plants.

-Workers in pig, sheep, chicken, etc. industries, as well as in poultry production.

-Workers who work on forest reforestation tasks, including sawmills.

Experts estimate that currently between 391,700 to 802,662 farmers work in agriculture. These figures include migrant workers, permanent laborers and agricultural workers, in addition to undocumented workers. It is estimated that 84% of all these workers were born in Mexico.

In contrast, recently in the state of Florida, law SB-1718 was signed against the migrant community; while in Texas the anti-immigrant proposal SB-4 is expected to be signed. On the other hand, in the sanctuary state of California, law SB-831 was signed, thanks to the Democratic majority, Governor Newsom and Senator Anna Caballero.

So, pro-immigrant activists, immigration lawyers, undocumented immigrants, the Hispanic community and progressive sectors must extend to the state Congress and Governor Newsom, but in particular to Senator Anna Caballero, our gratitude for all their efforts to push for this legislation.

Current federal law allows Attorney General Merrick Garland to negotiate an agreement with Governor Newsom to extend legal immigration protection to the state’s farm workers in the form of “parole in place” (a type of protection against arrest for workers). undocumented) so that once this legal status is granted, workers acquire the right to a temporary work permit and receive them for 2 or three years with the right to renew them.

It is up to all of us to pressure Governor Newsom to hurry up to begin these negotiations with Attorney General Garland. It will be up to President Biden to send the green light to the Attorney General so that essential workers in the field acquire temporary legalization next year — which will give a boost to the historic fight to achieve immigration reform with a path to citizenship for all workers without documents and their families.

Juan José Gutiérrez is the executive director of the Full Rights Coalition for Immigrants.