Unauthorized workers: Essential Worker and Economic Stability Act of 2021.

Existing federal law regulates immigration. Existing state law establishes the Employment Development Department (department) , which is administered by the Director of Employment Development who is vested with certain duties relating to, among other things, job creation and unemployment compensation. This bill would require the department to determine the extent of labor shortages in the state's essential critical infrastructure workforce sectors and provide that information to specified federal government entities. The bill would require the department to convene a working group to address the issues relating to a work permit program for unauthorized persons who are essential critical infrastructure workforce employees to work and live in the state, and to serve as liaison to the United States Department of Homeland Security and the United States Department of Justice to ensure that state departments are not taking on responsibilities in matters dealing with immigration policy that are the jurisdiction of the federal government. This bill would require the working group to create and submit to the Legislature and the Governor a report expressing its recommendations, which would be required to incorporate specified provisions describing a model statewide program and a model county pilot program. The bill would require the Governor, using the report, to make a formal request to the federal government to implement a statewide program, a county pilot program, or both, to provide unauthorized persons who are essential critical infrastructure workforce employees with a permit to work and live in California. The bill would require the Governor to issue an explanation if the federal government proposes a program and the Governor disapproves of the proposed program. The bill would state the intent of the Legislature to enact necessary implementing legislation in the future if the federal government approves a program requested by the Governor or proposes a program to provide unauthorized persons who are essential critical infrastructure workforce employees with a permit to work and live in California. This bill would require the working group to thereafter address the ongoing policy issues revolving around Congress's work on immigration reform, the federal minimum wage, and the impact those issues will have on the workforce needs of California, and to report on labor shortages, as specified, to the Legislature annually. This bill would make the implementation of these requirements contingent on a determination by the department that nonstate funds are available for the purposes of the bill.