As the Trump
Administration cracked down on undocumented immigrants, the undocumented
workers in California would feel vulnerable and be impacted by related policies
and regulations recently. Undocumented workers account for a huge portion of
the state economy, meaning that their status would exert impact on the vested interest
of the state.
The rhetoric lobbed
out during both the race for the Republican nomination, and the eventual
Presidential campaign, had already put the State of California at odds with the
incoming Administration’s policies. The most recent announcement that Trump
seeks to round up as many as 11 million illegal immigrants and undocumented
workers across the US – without criminal records and in some cases just for
parking infractions – needlessly threatens both the undocumented worker in the
State, and the economy of California overall.
It is still too early
to tell if the State of California would ever consider calling up its
undocumented worker lawyer and filing an undocumented worker lawsuit against
the Feds in an effort to protect the state economy, but it remains a compelling
thought.
Earlier this month the Los Angeles Times (02/06/17) put the value of undocumented workers into perspective: in sum, ten percent of the California economy is supported by undocumented workers and comprises one-tenth of the state labor force, according to statistics compiled by the University of Southern California (USC).
Agriculture,
construction and the hospitality industries would be hit particularly hard were
the Trump ban on immigrants and undocumented workers achieve full press: nearly
half of the agriculture employment sector in the state – 45 percent – is
comprised of undocumented workers. Data collected by the USC Center for the
Study of Immigrant Integration noted that 21 percent of construction workers in
the state are undocumented.
The LA Times noted
that the restaurant industry would be hit particularly hard, in that
restaurants are already grappling with a labor shortage. New immigration policies
at the federal level would make things even tighter – although it remains to be
seen what effect federal policy would have on state policy. In fact, employers
in all these industries may face with a labor shortage. And if the state policy
is amended, they might all need the updated version of California labor law posters soon.
There is little
question, by virtue of pre-existing as well as updated laws and statutes
protecting the undocumented worker, that California values its undocumented
residents and is fully aware of both their value to the state economy, and the
hit to economic output were those undocumented workers suddenly to go away:
economic output in the state could be reduced, at minimum, by nine percent.
Meanwhile, some state
laws and statutes protecting undocumented workers in California have either
been updated, augmented or implemented as of January 1 of this year. Amongst
those provisions are Senate Bill 1001, which includes a provision under the
California Fair Housing and Employment Act for a $10,000 penalty for E-Verify
violations on the part of any employer who discriminates against drivers
licenses issued to undocumented workers – or requests more, or different
documents than are required under federal law. Employers are also prohibited
from demanding to see a worker’s US Passport.
Also taking effect
this year is Senate Bill 10 Health Care Coverage: Immigration Status, an
amendment that would allow undocumented immigrants and deferred action for
childhood arrivals (DACA) recipients, the right and freedom to purchase a
health plan through Covered California.
Not only does the
state of California value its undocumented workers, the state also wants them
to stay healthy – and educated: SB-1139, known by some as the ‘Medical Dreamers
Opportunity Act,’ would prohibit a student without lawful immigrant status from
being denied admission to a school of his, or her choice based upon citizenship
or immigration status.
Any undocumented
worker who alleges any discrimination, unfair practice or violation can, under
Senate Bill 1001: Employment Unfair Practices file a complaint – with their
undocumented worker lawyer in tow – through California Division of Labor
Standards Enforcement.
The message from
California to the Trump Administration remains clear: undocumented workers in
the state are valued, and are integral to the state economy.
