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Jim Sanders ‏@jwsanders55
Gov. signs AB 2189 to allow hundreds of thousands of undocumented immigrants to obtain driver's licenses.
Description of the new law:
(1) Existing law requires the Department of Motor Vehicles to issue driver’s licenses to applicants who meet specified criteria and provide the department with the required information. Existing law requires the department to establish that the applicant’s presence in the United States is authorized under federal law.

Under existing federal law, the Secretary of the Department of Homeland Security has issued a directive allowing certain undocumented individuals who meet several key criteria for relief from removal from the United States or from entering into removal proceedings to be eligible to receive deferred action for a period of 2 years, subject to renewal, and who will be eligible to apply for work authorization.

This bill would allow persons who provide satisfactory proof, as described, that their presence in the United States is authorized under federal law, but who are not eligible for a social security account number, to receive an original driver’s license from the Department of Motor Vehicles if they meet all other qualifications for licensure.

California Legislature website

So it seems like DREAM Act eligible people -- those brought here by their parents at a young age and who have been accepted by the new Federal program set up by President Obama's executive order to give them legal status to remain -- would be eligible now to receive driver's licenses.

Sacramento Bee

Hundreds of thousands of undocumented immigrants in California will be eligible for driver's licenses under legislation signed by Gov. Jerry Brown late Sunday.

The measure, Assembly Bill 2189, was among the final bills acted upon as Brown decided the fate of 108 proposals on the last day for him to sign or veto measures passed by the Legislature this year.

AB 2180 affects an estimated 400,000 undocumented immigrants expected to meet the requirements of President Barack Obama's new Deferred Action for Childhood Arrivals program.

The bill extends driver's license eligibility to a select group of undocumented immigrants who already will have the right, under Deferred Action, to live and work in the United States for two years without fear of deportation.

Deferred Action is meant for longtime California  residents who came to the United States as undocumented immigrants when they were young and generally have lived productive lives since then. It applies to undocumented immigrants between the ages of 15 and 31 who came to the United States before age 16 and have lived in this country continuously for the past five years.

Participants must be in school, have graduated from high school or obtained an equivalency certificate, or have been honorably discharged from the U.S. military. They cannot have committed a felony, significant misdemeanor, or three or more misdemeanors.




What did the President's executive order do?

 

It will decriminalize the status of the DREAMers until a bill can be passed. Immigration and Customs Enforcement and  Customs and Border Protection have been told to immediately start reviewing individual cases and stop eligible immigrants from being put into removal proceedings.

Those young adults already in the proceedings can be granted deferred action for two years and then may apply for renewal. They will be given work permits as each case is assessed.

Washington Times
 


Sun Sep 30, 2012 at  9:37 PM PT: In other signing news:

John Myers ‏@johnmyers

.@JerryBrownGov vetoes #AB889, bill 4 overtime & rest breaks for domestic workers. Veto msg: study it. http://ow.ly/...

Sun Sep 30, 2012 at  9:46 PM PT: Here is the list of bills Brown signed and vetoed today, the deadline for his acting on legislation from the last session of the California legilslature.

http://dl5.activatedirect.com/...

Sun Sep 30, 2012 at 10:01 PM PT: Another veto:

Gov. Jerry Brown has vetoed legislation designed to curtail the deportation of undocumented immmigrants arrested on minor or non-violent offenses.

Assembly Bill 1081 would have prohibited local law enforcement agencies from holding arrestees for federal immigration authorities unless the crime or conviction involved a serious or violent felony.

Known by supporters as the "Trust Act," the measure was touted by its author, Assemblyman Tom Ammiano, as a way to save money and police time by limiting use of local jails for immigration enforcement, an obligation of the federal government.

Sacramento Bee

Sun Sep 30, 2012 at 10:20 PM PT: Another veto:

Gov. Jerry Brown killed legislation Sunday that would have made it a crime for farmers not to provide adequate shade and water to their field workers.

Assembly Bill 2676 required that anyone directing or supervising a farmworker ensure continuous access to shade and to enough "suitably cool" water for each employee to drink one quart per hour throughout a work shift.
Violators would have been subject to a six-month jail term and a fine of up to $10,000. If the victim suffered injury, the potential penalty would have escalated to a one-year jail term and a $25,000 fine.

Sacramento Bee

Originally posted to jpmassar on Sun Sep 30, 2012 at 09:31 PM PDT.

Also republished by California politics, SFKossacks, and Progressive Policy Zone.

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Comment Preferences

  •  First thought... great. This will give the RWNJ's (10+ / 0-)

    something froth over for the next 4 weeks before the election. I am not against it but the timing is terrible.

    if a habitat is flooded, the improvement for target fishes increases by an infinite percentage...because a habitat suitability index that is even a tiny fraction of 1 is still infinitely higher than zero, which is the suitability of dry land to fishes.

    by mrsgoo on Sun Sep 30, 2012 at 09:39:00 PM PDT

  •  Great news! (1+ / 0-)
    Recommended by:
    jpmassar

    Those Dreamers who happen to work in agriculture can now drive legally to the fields where they can be legally deprived of water.

    Fuck Brown. Just another unrepentant tool of the 1%.

    Don't ask if I'm better off now than four years ago. Ask if I'm better off than I would have been under four years of McCain.

    by WisePiper on Sun Sep 30, 2012 at 11:04:13 PM PDT

  •  OT -- But in contrast: (9+ / 0-)

    The day ofter the Dream Act was put into place, the Arizona legislature passed a law that anyone affiliated with the Dream Act could never, ever get a driver's license in Arizona. That way Dreamers cannot drive to school or work -- and will be hurt and disadvantaged as much as possible.


    A child of five would understand this. Send someone to fetch a child of five. -- Groucho Marx

    by Pluto on Sun Sep 30, 2012 at 11:09:19 PM PDT

  •  Why did he veto the two other (5+ / 0-)
    Recommended by:
    Matt Z, sharonsz, Sychotic1, bythesea, jpmassar

    pieces of legislation ?

    In particular, the legislation requiring supervisors to supply water and shade is extremely important.

                    Curious,
                     Heather

    Torture is ALWAYS wrong, no matter who is inflicting it on whom.

    by Chacounne on Sun Sep 30, 2012 at 11:18:38 PM PDT

    •  I believe that legislation is already on the books (2+ / 0-)
      Recommended by:
      jpmassar, Smoh

      this is just upping the penalties for failure to comply.

      "I watch Fox News for my comedy, and Comedy Central for my news." - Facebook Group

      by Sychotic1 on Sun Sep 30, 2012 at 11:49:07 PM PDT

      [ Parent ]

      •  Is it enforced? (1+ / 0-)
        Recommended by:
        Sychotic1

        Cats are better than therapy, and I'm a therapist.

        by Smoh on Mon Oct 01, 2012 at 09:24:50 AM PDT

        [ Parent ]

        •  There has been some serious scandal in the last (0+ / 0-)

          few years because there were deaths.  So, yes, because of how horrible it was, it is currently being enforced.

          Bureaucracy tends to be reactive and what bureaucrats hate more than anything is for something they monitor, review, or oversee to hit the newspaper in any sort of negative way.

          Brown, in his veto message, noted that California has enhanced its safety regulations in recent years and has the most stringent standards in the nation to protect workers in all outdoor industries.
          "While I believe enforcement of our heat standards can be improved, I am not convinced that creating a new crime -- and a crime that applies only to one group of employers -- is the answer," Brown wrote. "Instead, we should continue to enforce our stringent standards for the benefit of all workers in all industries."

          Read more here: http://blogs.sacbee.com/...

          "I watch Fox News for my comedy, and Comedy Central for my news." - Facebook Group

          by Sychotic1 on Mon Oct 01, 2012 at 11:39:49 AM PDT

          [ Parent ]

  •  My only concern is that DMV, where I worked (7+ / 0-)
    Recommended by:
    dsb, ozsea1, G2geek, grover, marina, jpmassar, Smoh

    for four years, never gets any staffing increases even as the number of California citizens and total vehicles have increased steadily.  They are completely overtaxed and have pushed the envelope about as far as it goes with productively.  I hope the state is going to approve some staffing increases in order to deal with the increase in clientele.

    "I watch Fox News for my comedy, and Comedy Central for my news." - Facebook Group

    by Sychotic1 on Sun Sep 30, 2012 at 11:50:35 PM PDT

  •  brown also vetoed legislation today (5+ / 0-)
    Recommended by:
    G2geek, grover, bythesea, marina, jpmassar

    allowing graduate students working as research assistants to unionize and do collective bargaining for their pay and working conditions, and making it a crime to deny agricultural field workers water on hot days.

    as always, jerry's a mixed bag.

    •  and he signed the vaccine bill. (4+ / 0-)
      Recommended by:
      wu ming, grover, jpmassar, sukeyna

      Requires parents who want to exempt their kids from vaccinations, to see a doctor and get a doctor's note.  

      This becomes the opportunity for doctors to disabuse parents of anti-vaccination conspiracy theories, and should hopefully increase the rate of vaccination among school kids.

      Brown also inserted a "check-box religious exemption" into his signing statement on the bill.  However that exemption will be defeated as soon as it gets taken to court, which is a foregone conclusion.  

      So now what we need to do is to find atheists who are willing to sue on equal protection grounds, and get the ACLU to take the case, and the rest will follow automatically.

      "Minus two votes for the Republican" equals "plus one vote for the Democrat." Arithmetic doesn't care about their feelings either!

      by G2geek on Mon Oct 01, 2012 at 01:20:45 AM PDT

      [ Parent ]

      •  yup (5+ / 0-)
        Recommended by:
        grover, G2geek, marina, jpmassar, sukeyna

        that was a good one. another part to that bill IIRC is that if an outbreak occurs, unvaccinated kids cannot attend school, for their safety and those of other children, which puts a burden on parents of unvaccinated kids, appropriately.

        i'm less sure the courts will toss the religious exemption, but they're a small part of the antivax population anyways. CA has already done pretty well with upping the herd immunity, the whopping cough thing crashed pretty decisively this year.

        i was less pleased to see brown veto lois wolk's bill mandating the vaccination of health workers by 2015, claiming it was "unrealistic." i don't see any reason why a state cannot simply make sure that all medical workers are vaccinated in any given year, honestly. buy the vaccine and distribute it.

  •  According to Justice Anthony Kennedy, (4+ / 0-)
    Recommended by:
    ichibon, marina, jpmassar, FG

    the issuance of a permit is "not a matter of grace." if the conditions have been met (in this case, a person has shown he knows how to operate a motor vehicle according to the rules), the permit must be issued. Because the behavior being permitted is presumably good and the license or registration is for the convenience of the state. The same principle applies to marriage licenses.
    Authoritarians would like to argue that all behavior is suspect unless certified as legal. The Constitution assumes that all individual behavior is good, unless and until proven otherwise.

    Fact is that foreign visitors can drive here with an international license. They can even rent cars and drive wherever they want. Which is why all these new restrictions on citizens are just harassment and an opportunity for ID producers to have a steady stream of revenue.

    We organize governments to provide benefits and prevent abuse.

    by hannah on Mon Oct 01, 2012 at 02:02:57 AM PDT

    •  The California Constitution Equal Protection (1+ / 0-)
      Recommended by:
      jpmassar

      Provisions specify that privileges may not be given to some citizens unless they are extended to all.

       This complies with the short phrase you quote from Justice Kennedy. But I think your application of it  in this situation is a stretch.

      California has always defined driving as a privilege, not a right, as I believe, a majority of states do.

      And in its Constitution, the state is very clear to differentiate between a people and citizens (and even non-citizens, who are mentioned elsewhere because they aregiven identical property rights as citizens).  In other words, Califonia residents aren't just lumped together. Distinctions are made.

      Equal protection vis-a-vis privileges is provided for citizens in the California Constitution.  Kennedy practiced law in California, taught Constitutional law at UoP law school in Stockton for  years, and served on the 9th District Court of Appeals. He deeply understands this.

      Undocumented immigrants, of course, are not citizens. Neither are DREAMers, not yet, at least. Currently, there are only 3 states that grant drivers licenses to undocumented immigrants.  California becomes the fourth, the fourth out of fifty.

      So what Governor Brown did is all the more laudable.

      © grover


      So if you get hit by a bus tonight, would you be satisfied with how you spent today, your last day on earth? Live like tomorrow is never guaranteed, because it's not. -- Me.

      by grover on Mon Oct 01, 2012 at 03:25:16 AM PDT

      [ Parent ]

      •  Our laws often don't comport with the (0+ / 0-)

        Constitution and the Constitution itself does/did not comport with virtue. Certainly, that persons who had been imported and purchased would count as 3/5 of a person for purposes of allocating representation was downright immoral. That juvenile humans are the property of their parents is not moral, either.
        The elevation of property rights over human rights was necessary to make owning slaves legal and that perversion of justice still reverberates today.
        Mobility is a human right by virtue of our functionality as mobile creatures. However, there is great resistance to recognizing it since private property rights, with which we reward those who subordinate themselves to the state, conflict with the right to perambulate. Human automobility is being increasingly restricted with the assistance of the carapace we know as a car, really a cage on wheels whose routes are carefully restricted by roadways, signs and lights.
        Mobility is the right most closely related to liberty, but speech is supposed to be enough.

        We organize governments to provide benefits and prevent abuse.

        by hannah on Mon Oct 01, 2012 at 07:35:35 AM PDT

        [ Parent ]

  •  First, good diary. Thanks. Am out state, so I'm (1+ / 0-)
    Recommended by:
    jpmassar

    Glad to get the news.

    But a question about your title, would you reconsider it?

    I think I know why you did it, but "the undocumented" is rather like "the homeless," "the disabled," or (H/T Donald Trump) "the blacks."

    We are individuals who happen to be homeless, or disabled, or black... Or we don't have documentation that allows us to reside in the USA on a permanent ongoing basis.

    We use the phrases undocumented immigrant and undocumented worker because these are two conditions that require individuals to have documents.

    But "the undocumented" in effect makes  them undocumented as humans themselves, on an existential level---which is I think te RWNJs actually want: for all "those people" to just stop existing (given that the RWNJs refuse to discuss any realistic immigration reform, what else is there?)

    Anyhow, Gov Brown's legislation appears to be aimed at the DREAMers. What if you just call them that in your title?

    This is on the rec list already. I'm sure it will be there for quite a while. So your title will catch a lot of eyeballs. Shaping perception is often done very subtly, one way or another.

    Anyhow, I don't mean to step all over a great diary. Thx.

    © grover


    So if you get hit by a bus tonight, would you be satisfied with how you spent today, your last day on earth? Live like tomorrow is never guaranteed, because it's not. -- Me.

    by grover on Mon Oct 01, 2012 at 02:21:46 AM PDT

  •  The right thing to do (2+ / 0-)
    Recommended by:
    bythesea, jpmassar

    It is pointedly idiotic to forbid drivers from being qualified.

    Education is a progressive discovery of our own ignorance.

    by Horace Boothroyd III on Mon Oct 01, 2012 at 03:33:03 AM PDT

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