BILL NUMBER: ACR 76 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Eng
(Coauthors: Assembly Members Furutani, Hayashi, Mendoza, and
Swanson)
MAY 26, 2009
Relative to Day of Inclusion.
LEGISLATIVE COUNSEL'S DIGEST
ACR 76, as introduced, Eng. Day of Inclusion.
This measure would acknowledge December 17 as a "Day of Inclusion"
in recognition and appreciation of the priceless contributions of
all immigrants to the greatness of the United States and California.
Fiscal committee: no.
WHEREAS, In 1886, the United States Supreme Court, in Yick Wo v.
Hopkins (1886) 118 U.S. 356, 369, stated that "the fourteenth
amendment to the constitution... says: 'Nor shall any state deprive
any person of life, liberty, or property without due process of law;
nor deny to any person within its jurisdiction the equal protection
of the laws.' These provisions are universal in their application, to
all persons within the territorial jurisdiction, without regard to
any differences of race, of color, or of nationality"; and
WHEREAS, The Burlingame Treaty of 1868, which encouraged the flow
of Chinese immigration, was signed into law with the intent to
protect Chinese in the United States against discrimination,
exploitation, and violence in the United States; and
WHEREAS, Chinese immigrants arrived in large numbers and greatly
contributed to the advancement and progress of the United States to
its position as one of the world's greatest superpowers, through
contributions including assisting in building the first
transcontinental railway connecting the country from east to west by
laying down tracks throughout the dangerous Sierra Nevada mountain
terrain, parting the waters to build the vital levees of the
California Delta, and establishing California's world-class
agriculture and fishing industries; and
WHEREAS, The Chinese Exclusion Act of 1882 was the first major law
to single out and forbid a specific ethnic group, the Chinese, from
immigrating to and becoming naturalized citizens of the United
States, and was followed by the Geary Act of 1892, which extended the
prohibitions of the Chinese Exclusion Act of 1882 and imposed new
and onerous requirements on Chinese immigrants; and
WHEREAS, In the wake of the Chinese Exclusion Act of 1882 and the
Geary Act of 1892, additional laws were enacted to perpetuate
discrimination and unequal treatment of Chinese and other minority
groups, including numerous antimiscegenation laws that prohibited
marriage between white women and men of minority background or
ancestry; the Alien Land Law of 1913 that prohibited "aliens
ineligible for citizenship" from owning land or property; the Cable
Act of 1922 that terminated the United States citizenship of any
woman who married an alien ineligible for United States citizenship;
the Immigration Act of 1924 that limited the number of immigrants who
could be admitted from any country and prohibited the immigration of
all Asians; and
WHEREAS, The Chinese fought against such unequal treatment and
filed hundreds of appeals, resulting in 17 cases being brought before
the United States Supreme Court, thereby invoking the protections of
the 14th Amendment to the Constitution of the United States; and
WHEREAS, The Chinese Exclusion Act, passed on May 6, 1882, was
finally repealed on December 17, 1943, by way of the Magnuson Act,
marking a turning point in societal reaction toward immigrants and
their common struggle for fairness and equality; and
WHEREAS, An abundant list of Chinese Americans have contributed
their time, energy, and talents toward the betterment and progress of
this nation and all peoples; Jerry Yang (cofounder of Yahoo! Inc.),
Charles Wang (founder of Computer Associates, Inc.), and others have
founded and led some of this nation's great companies; John Liu Fugh
(first Chinese American officer to attain the rank of General in the
United States Army), Francis B. Wai (first Chinese American to
receive the Medal of Honor), and others have contributed their lives
in service to our nation; Tsung-dao Lee (Nobel Prize recipient in
Physics), Roger Y. Tsien (Nobel Prize recipient in Chemistry), and
others have contributed their great skills and talents to the fields
of science and mathematics; Hiram Leong Fong (First Chinese American
to be elected as a United States Senator), Thomas Tang (First Chinese
American appointed to the Federal Judiciary), and others have led
and continue to lead at all levels of government; and
WHEREAS, According to data from the 2000 United States Census,
immigrant business owners generate $67 billion of the $577 billion in
United States business income, or approximately 12 percent, as
estimated by the federal Small Business Administration's Office of
Advocacy; and
WHEREAS, Chinese Americans share many commonalities with other
minority groups within the United States: all reside in the United
States in search of opportunities to better their lives and the lives
of their families, hope to fulfill their dreams through diligence
and hard work, experience prejudice and discrimination from both
society and government, and nevertheless succeed in many respects
despite much adversity and many stresses and pressures; and
WHEREAS, The repeal of the Chinese Exclusion Act of 1882 on
December 17, 1943, 60 years after its enactment, marks the date when
the United States expressed a commitment to break down cultural
barriers, appreciate differences, enrich cultural diversity, and
further racial, religious, and cultural tolerance; now, therefore, be
it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature joins all Californians
throughout the state in acknowledging December 17 as a "Day of
Inclusion" in recognition and appreciation of the priceless
contributions of all immigrants to the greatness of the United States
and especially to our great state, California; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution.