BILL ANALYSIS Ó AJR 3 Page 1 Date of Hearing: April 2, 2013 ASSEMBLY COMMITTEE ON JUDICIARY Bob Wieckowski, Chair AJR 3 (Alejo) - As Amended: April 1, 2013 As Proposed to be Amended SUBJECT : IMMIGRATION REFORM KEY ISSUE : SHOULD THE LEGISLATURE REGISTER ITS SUPPORT FOR A WORKABLE APPROACH TO COMPREHENSIVE IMMIGRATION REFORM? FISCAL EFFECT : As currently in print this measure is keyed non-fiscal. SYNOPSIS This noncontroversial measure, supported by both immigrants' rights advocates and business groups, calls for workable immigration reform founded on the following tenets: (1) a direct, attainable, affordable, and inclusive road map to full citizenship for the 11 million immigrants who are currently living in the shadows; (2) reform of immigration enforcement programs that separate families and assures that family unification systems are strengthened; and (3) upgrade the current visa programs in order to have a legal workforce and a system that better enforces labor protections; and uphold due process as well as the inherit rights of all immigrants. The bill has no opposition. SUMMARY : Specifies principles for repairing the nation's broken immigration system, and would urge Congress and the President of the United States to take a comprehensive and workable approach to improving the nation's immigration system using those principles. Specifically, this measure makes the following findings and resolutions: 1)WHEREAS, The United States of America is a nation of values, founded on the principles that all men and women are created equal, and promise of freedom for all; AND 2)WHEREAS, We are a nation of immigrants, who believe in the promise of freedom and opportunity; AND AJR 3 Page 2 3)WHEREAS, The current immigration system is broken, antiquated and not meeting the challenges of the 21st century;. it separates families, including same-sex couple families, and creates long backlogs for families seeking reunification, and it neglects the hard work and financial contributions immigrants make to our country; AND 4)WHEREAS, Since 2008, more than 1.6 million immigrants have been deported, and one in every ten American children faces the threat of deportation of a parent; AND 5)WHEREAS, It is estimated that about 11 million undocumented immigrants are in the United States and California the largest populations of immigrants, both legal and undocumented; AND 6)WHEREAS, Immigrants and their children constitute nearly one-half of California's population and live and work in all 58 counties, most notably in the San Diego, Central Valley, Los Angeles, and greater San Francisco areas; AND 7)WHEREAS, Approximately 77% of undocumented immigrants that reside in California live with families members that are legal United States residents and citizens; AND 8)WHEREAS, One in ten workers in California is an undocumented immigrant, and immigrants are a vibrant, productive, and vital part of the state's growing economy; AND 9)WHEREAS, Immigrants are essential in keeping the American economy strong, from technology programmers in the Silicon Valley to restaurant owners and workers, they are filling an intrinsic need in the labor force; AND 10)WHEREAS, Agricultural workers have been performing very important and difficult work to maintain America's food supply, and have a role of ensuring that Americans have safe and secure agricultural products to sell and consume; AND 11)WHEREAS, Students should not be punished for their immigration status but should instead be given recognition for their sacrifice, hard work, and determination; AND 12)WHEREAS, The U.S. can do a better job of attracting and keeping the world's best and brightest. A comprehensive immigration reform shall also grant immigrants who have AJR 3 Page 3 received a PhD or Master's degree in science, technology, engineering, or math from an American university the opportunity to invest and contribute to this great nation; for the future of our economy, it makes no sense to educate the world's future innovators and entrepreneurs only to ultimately force them to leave our country at the moment they are most able to contribute to our economy; AND 13)WHEREAS, Modernizing our antiquated and dysfunctional immigration system will uphold our nation's basic values of fairness, equality as well as opportunity, AND 14)WHEREAS, A comprehensive as well as compassionate approach to solve our broken immigration system should be one that works for all communities and families in America; AND 15)WHEREAS, A just immigration reform must ensure that it reflect one of our basic values - that we all are created equal - thus immigration reform must recognize immigrant's full humanity; AND 16)WHEREAS, in order to enhance federal matching resources to cover all eligible residents in our state, California also urges the federal government to include New Americans to participate in programs derived from the Affordable Care Act and further allow New Americans to participate in public funded programs to expedite their integration in our State; AND 17)WHEREAS, A proposal must be comprised of the following tenets: (1) include a direct, attainable, affordable, and inclusive road map to full citizenship for the 11 million of immigrants who are currently living in the shadows; and (2) reform of immigration enforcement programs that separate families and assures that family unification systems are strengthened; and (3) upgrade the current visa programs in order to have a legal workforce and a system that better enforces labor protections; and uphold due process as well as the inherit rights of all immigrants; 18)Resolves that the Assembly and the Senate of the State of California, jointly urge the President and the Congress of the United States to take a humane and just approach to solving our nation's broken immigration system. AJR 3 Page 4 EXISTING LAW provides for the regulation of immigration exclusively by the federal government. (E.g., LULAC v. Wilson, 908 F. Supp. 755, 786-87 (C.D. Cal. 1995).) COMMENTS : In support of the bill the author states: Reforming our nation's immigration policies is in the best interest of California. Nearly half of the state's population is made up of immigrants and their children. The condition of the current immigration system is unacceptable due to the fact that there are an estimated 11 million undocumented immigrants in the United States - with California having one of the largest immigrant populations, both legal and undocumented. One in every ten workers located in California is an undocumented immigrant. Data released by the University of California, Los Angeles, indicates that legalizing the status of undocumented immigrants working and living in the United States would create roughly $1.5 trillion in additional GDP (gross domestic product) growth over 10 years, and increase wages for all workers. Moreover, a study by the University of Southern California estimates that the immediate and long-term effects of enacting comprehensive immigration reform would result in a $16 billion boost to California's economy. The U.S. can do a better job of attracting and keeping the world's best and brightest. AJR 3 calls for the President and Congress to take action on this issue. The bill's sponsor, the Coalition for Humane Immigrants Rights of Los Angeles (CHIRLA), argues that AJR 3 is an important resolution calling on the federal government to uphold the golden promise to keep families together. CHIRLA contends that that the current immigration system is broken and hurting families by keeping loved ones apart through red tape, bureaucracy and draconian enforcement tactics. CHIRLA notes that California has one of the biggest populations of immigrants, and that California's voice on the issue of immigration reform is critical. The Mexican American Legal Defense and Educational Fund (MALDEF) notes that there are an estimated 10 million immigrants in California, both legal and undocumented, who are part of the economy and contribute significant tax dollars. However, MALDEF contends that many immigrants continue to hide in the shadows and are therefore AJR 3 Page 5 unable to fully contribute to their communities and economies. These immigrants' rights advocates are joined in support by the California Farm Bureau, among other business groups. The Farm Bureau states that this resolution's call for a workable solution to the difficult problem of immigration reform is very timely and commendable. Author's Technical Amendments. The author wishes to add as co-authors Assembly Members Bonta, Campos, Chesbro, Fong, Garcia, Hernández, Levine, Medina, V. M. Perez, Quirk, Rendon, Ting, Williams, and Yamada, and Senators Correa, De León, Lieu, Padilla, and Yee, and to make the following technical amendments: WHEREAS, The current immigration system is broken, antiquated and not meeting the challenges of the 21st century ; i t separates families, including same-sex couples andfamilies, creates long backlogs for familieswho areseeking reunification, and. Further, itneglects the 32 hard work and financial contributions immigrants make to our country; AND WHEREAS, A just immigration reform must ensure that it reflect one of our basic values - that we all are created equal - thus immigration reform must recognize immigrant's full humanity; AND WHEREAS, in order to enhance federal matching resources to cover all eligible residents in our state, California also urges the federal government to include New Americans to participate in programs derived from the Affordable Care Act and further allow New Americans to participate in public funded programs to expedite their integration in our State; AND REGISTERED SUPPORT / OPPOSITION : Support Coalition for Humane Immigrant Rights of Los Angeles (sponsor) California Communities United Institute California Farm Bureau Federation California Immigrant Policy Center California Labor Federation California Landscape Contractors Association Latino Business Chamber of Greater Los Angeles AJR 3 Page 6 Legal Aid Society - Employment Law Center Los Angeles Gay & Lesbian Center Mexican American Legal Defense and Education Fund North Bay Labor Council SEIU Street Level Health Project United Food and Commercial Workers Local Opposition None on file Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334