Governor Jerry Brown signed SB 432 by Senator Tony Mendoza (D-Artesia) this week which deletes the term “alien” from the California Labor Code, as a definition for an immigrant individual. The new law goes into effect on January 1.

“‘Alien’ is now commonly considered a derogatory term for a foreign-born person and has very negative connotations,” Mendoza said.

In 2013, according to the Bureau of Labor Statistics (BLS), there were 25.3 million foreign-born persons in the U.S. labor force, comprising 16.3 percent of the total. The BLS also found that foreign-born workers were more likely than native-born workers to be employed in service occupations. The U.S. Department of Treasury notes that immigrants own 10.8 percent of all firms with employees, providing job opportunities for thousands of people.

“California is among the top destination states for immigrants in the United States,” Mendoza said. “Given the abundant evidence of their many contributions, it is imperative that any derogative references to foreign-born individuals be repealed from state law.”

In 1937, the Legislature enacted various provisions regarding the employment of “aliens”, who are defined as any person who is not a born or fully naturalized citizen of the United States, and a provision which prescribes an order for the issuance of employment under specified public works contracts — first to citizens of the United States, second to citizens of other states in the United States, and third to aliens. The Legislature repealed most of these Labor Code sections in 1970. The definition for “alien” and the order under which employment is to be given to “aliens” was not repealed and are still found in the Labor Code.

SB 432 deletes the term “alien” as a definition for an immigrant individual and the outdated requirement the law that prescribes an order for the issuance of employment under public works contracts to citizens and aliens.

Under current law, all employment protections, rights, and remedies available under state law, except as prohibited by federal law, are available to all individuals regardless of immigration status.