Law Blog

Pro-Immigration Bills in California

California Gov. Jerry Brown has signed a series of pro-immigration bills that provide more rights to illegal, undocumented immigrants. Although the bills are signed, the controversy is still ongoing in California. Opposed by sheriffs, district attorneys, and many concerned citizens, the bills signed in California may arguably stall the federal government’s efforts to keep our nation safe.

Here is a brief description of the bills that have recently been considered or signed into law:

Signed Bill: Granting Driver’s Licenses to Illegal Immigrants
This measure allows illegal immigrants to obtain driver’s license while residing illegally in California. The bill, which was originally opposed by Gov. Brown, is criticized as requiring only unverifiable documentation from illegal immigrants. The proponents of the bill cite a recent DMV study on fatal accidents spanning over 23 years. According to the study, unlicensed illegal immigrants were three times more likely to cause a fatal car accident. It remains to be seen if licensing illegal immigrants will change this situation.

Signed Assembly Bill 4: Trust Act
This measure blocks local police from detaining illegal immigrants on a special 48 hour hold for federal immigration authorities, unless the immigrants committed a serious crime, such as a felony.

Signed Senate Bill 666
This bill allegedly prevents discrimination against illegal immigrants by revoking licenses and applying a $10,000 to businesses that discriminate or retaliate against employees based on their immigration status.

Signed AB 1024
This measure signed into law allows illegal immigrants to obtain a license and practice law in California. It remains to be seen how this measure is compatible with rules of professional responsibility and ethics. After all, the State Bar may not grant a license to an aspiring candidate if he or she had lied on the application, violated laws, or committed certain crimes. And for now, violating US immigration laws is still considered a crime.

Vetoed AB 1401
Interestingly, while illegal immigrants in California are now allowed to become licensed attorneys, measure AB 1401 prevents legal, non-citizen immigrants from serving on juries. As Gov. Brown explained, this bill had been vetoed because “jury service, like voting, is quintessentially a prerogative and responsibility of citizenship.” Yet, according to AB 1401, an illegal immigrant licensed to practice law can counsel, advocate for, and represent rights embedded in US Constitution and citizenship status. Like any other attorney, an illegal immigrant lawyer may have to participate in jury selection, striking potential jurors, while choosing how best represent client’s fundamental rights.