UNDER CALIFORNIA SENATE BILL 831, GOVERNOR GAVIN NEWSOM OF CALIFORNIA LOOKS TO SET A MODEL FOR ALL STATES BY GRANTING UNDOCUMENTED FARMWORKERS RESIDENCY

California Governor Gavin Newsom is considering how to grant permanent residency to undocumented ag laborers through California Senate Bill 831 (SB831). The new law lays groundwork for the Governor to propose to the Biden Administration that undocumented ag labor be identified as essential and grant them the ability to work and stay in the United States. Currently, California growers have turned to the federal H-2A guestworker visa program searching for reliable workers. In addition, a powerful labor surge combined with escalating workforce issues has resulted in new bills expanding workers’ rights, including SB831. Senate Bill 831 authorizes a pilot program to establish residency for farmworkers and passed through state policy committees and floor hearings to be included in a list of measures gaining the Governor’s signature this year.

Provisions for this legislation do not take effect until January 2024, the implementation process is expected to be lengthy. In addition to conforming with existing federal immigration laws, current criteria outlined for inclusion in the program include that a farmworker has lived within the country five years, hasn’t committed a crime, and has a moral character. To seek an agreement on the small pilot program to serve as a demonstration project, the administration will need to open dialogue with the Justice Department. According to Yarelyn Trujillo, Legislative Aide to California State Senator Anna Caballero of Merced, expectations are that the program will mirror federal policy on Deferred Action for Childhood Arrivals (DACA).