BILL ANALYSIS                                                                                                                                                                                                    Ó
                                                                  AJR 49
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          Date of Hearing:  August 12, 2014
                           ASSEMBLY COMMITTEE ON JUDICIARY
                                Bob Wieckowski, Chair
                   AJR 49 (Gonzalez) - As Introduced: July 2, 2014
                              As Proposed to be Amended
           SUBJECT  :  IMMIGRATION
           KEY ISSUE  :  SHOULD THE LEGISLATURE CALL ON PRESIDENT OBAMA TO  
          TAKE EXECUTIVE ACTION TO SUSPEND ANY FURTHER DEPORTATIONS OF  
          LEGALIZATION-ELIGIBLE INDIVIDUALS WITH NO SERIOUS CRIMINAL  
          HISTORY?
                                      SYNOPSIS
          
          This resolution notes that an increasing number of immigrants  
          have been deported in recent years, including many who have no  
          serious criminal history.  According to the resolution, many  
          deportees are parents of U.S. citizen children who are often  
          left with no parental guidance or care and a highly unstable  
          financial situation as the result of the deportation.  The  
          resolution calls on the President to take executive action to  
          suspend any further deportations of legalization-eligible  
          individuals with no serious criminal history.  This resolution  
          is substantively identical to SR 40 (Correa) which passed the  
          Senate with bipartisan support.  There is no known opposition.
           SUMMARY  :  Makes certain findings and calls on President Obama to  
          take certain actions regarding deportation of specified  
          immigrants.  Specifically,  this measure  provides:
          1)According to the Pew Hispanic Center, in 2011, there were 11.1  
            million unauthorized immigrants living in the United States; 
          2)Deportations have reached record levels under President Obama,  
            rising to an annual average of nearly 400,000 since 2009; 
          3)According to Members of Congress Raul M. Grijalva and Yvette  
            Clarke, although the Obama Administration reportedly  
            prioritized deporting only criminals, many individuals with no  
            serious criminal history consistently have been deported; 
          4)Increased deportations and a continuously broken immigration  
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            system exacerbate the living conditions of United States  
            citizen children whose parents have been deported; 
          5)Separation of children from their parents, irrespective of  
            immigration status, always results in severe consequences for  
            young children, who are often left with no parental guidance  
            or care and a highly unstable financial situation; 
          6)As immigration continues to be at the center of a national  
            debate, President Obama and Congress must implement a more  
            humanitarian immigration policy that keeps families together; 
          7)California is home to approximately 10.3 million immigrants of  
            which approximately 2.6 million are not authorized to live in  
            the United States; 
          8)Many Members of Congress recently signed a letter requesting  
            President Obama to suspend any further deportations; and 
          9)Since California is home to a large number of unauthorized  
            immigrants from all parts of the world, this state should make  
            it a priority to keep families together and continue to press  
            President Obama and Congress for a solution to our broken  
            federal immigration system. 
          10)Urges President Obama to take executive action to suspend any  
            further deportations of legalization-eligible individuals with  
            no serious criminal history.
           EXISTING LAW  , pursuant to the U.S. Constitution, locates the  
          authority to regulate immigration and naturalization exclusively  
          with the federal government.  (U.S. Const., art. I, section 8,  
          clauses 3 and 4; LULAC v. Wilson, (1995) 908 F. Supp. 755,  
          786-87; See also Takahashi v. Fish & Game Commission (1948) 334  
          U.S. 410, 419 (because the federal government bears the  
          exclusive responsibility for immigration matters, the states  
          "can neither add to nor take from the conditions lawfully  
          imposed by Congress upon admission, naturalization and residence  
          of aliens in the United States or the several states.") 
           
          FISCAL EFFECT  :  As currently in print this measure is keyed  
          non-fiscal.
           COMMENTS  :  The author explains the reason for the measure as  
          follows:
                                                                  AJR 49
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               Under President Obama, deportations have risen to an  
               average of 400,000 a year since 2009. Increased deportation  
               and a broken immigration system harm the living conditions  
               of U.S. citizen children whose parents have been deported.  
               Separating families because of deportation can have severe  
               consequences, especially for those children who are left  
               without parental care in a highly unstable financial  
               situation.
               Therefore, it is vital that the state Legislature support  
               an end to the deportation of legalization-eligible  
               immigrants and back a more humanitarian immigration policy  
               that keeps families together. The fiscal and social cost to  
               California due to family separations and the loss of their  
               children is enormous and inhumane.
               AJR 49 calls upon President Obama to expand temporary  
               protective status to all legalization-eligible immigrants  
               through an executive action. This would initiate a  
               'deferred action' legalization process and cease the  
               deportation of all eligible immigrants and families who  
               have no serious criminal history, until Congress adopts  
               humane and inclusive comprehensive immigration reform  
               legislation.
          The need for comprehensive immigration reform has been at the  
          forefront of national debate for many years.  As the resolution  
          cites, based on data collected by the United States Census  
          Bureau as of March 2010, an estimated 11.2 million unauthorized  
          immigrants reportedly live in the United States, making up four  
          percent of the nation's population, and 5.2 percent of the  
          nation's workforce.  (Passel and Cohn, Unauthorized Immigrant  
          Population:  National and State Trends, 2010 (Feb. 1, 2011)  
          http://www.pewhispanic.org/2011/02/01/iv-state-settlement-pattern 
          s/.)  
          According to a 2011 research project, California has by far the  
          largest unauthorized-immigrant population (2.55 million), which  
          accounts for 6.8 percent of the state's population, and is among  
          the states where unauthorized immigrants constitute the largest  
          shares of the overall populations.  (Passel and Cohn,  
          Unauthorized Immigrant Population:  National and State Trends,  
          2010 (Feb. 1, 2011) http://www.pewhispanic.  
          org/2011/02/01/iv-state-settlement-patterns/.)  Further,  
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          unauthorized workers constitute roughly ten percent of  
          California's labor force and are especially likely to hold  
          low-skilled jobs.  (See Pew Hispanic Center, A Portrait of  
          Unauthorized Immigrants in the United States (Apr. 14, 2009).)
          On June 15, 2012, the Department of Homeland Security issued a  
          directive creating deferred action for certain undocumented  
          individuals who came to the United States as children and who  
          have pursued education or military service.  Under this federal  
          program, the Deferred Action for Childhood Arrivals (DACA),  
          approved applicants are granted deferred removal action, which  
          may stop pending deportation proceedings or preclude the federal  
          government from starting deportation proceedings against them.   
          DACA does not grant lawful permanent residence or citizenship to  
          these individuals, but if their applications are granted, they  
          are lawfully permitted to work in the United States for a period  
          of two years and may apply for renewal.  Notably, one of the  
          qualifications is that the individual has not been convicted of  
          a felony offense, a significant misdemeanor, or more than three  
          misdemeanors, and does not pose a threat to national security or  
          public safety.  At the same time, deportations have reached a  
          record level, rising to an annual average of 400,000 since 2009.  
           (Lopez, As Deportations Rise to Record Levels, Most Latinos  
          Oppose Obama's Policy (Dec. 28, 2011)  
          http://www.pewhispanic.org/  
          2011/12/28/as-deportations-rise-to-record-levels-most-latinos-opp 
          ose-obamas-policy/.)  According to the National Immigration Law  
          Center, more than 1,000 immigrants are separated from their  
          families and communities each day.
          Other recent California legislation urged Congress and the  
          President to develop a comprehensive approach to immigration  
          reform.  (See AJR 15 (De Leon, Res. Ch. 62, Stats. 2010); AJR 15  
          (De Leon, Res. Ch. 60, Stats. 2010.)
          This resolution would urge President Obama to take executive  
          action to suspend any further deportations of  
          legalization-eligible individuals with no serious criminal  
          history.  Given that DACA provides for suspension of deportation  
          of individuals with no serious criminal history and California's  
          legislative history supporting the enactment of DACA and urging  
          immigration reform, this resolution is arguably consistent with  
          current public policy and prior legislative findings and  
          declarations regarding immigration reform.
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           Author's Technical Amendments  .  To correct drafting errors, the  
          author proposes the following minor amendments:
          WHEREAS, Separation of children from their parents, irrespective  
          of immigration status, always results in severe consequences for  
          young children  ,  who are  often  left with no parental guidance or  
          care and a highly unstable financial situation; and 
          ?
          Resolved by the Assembly and the Senate of the State of  
          California, jointly, That the Legislature urges President Obama  
          to take executive action to suspend any further deportations of  
           legalization-eligible   unauthorized  individuals with no serious  
          criminal history; and be it further 
           Prior/Pending Related Legislation  .  SR 40 (Correo) 2014,  
          containing virtually identical language to AJR 49, was recently  
          adopted.
          AB 692 (Gonzalez) would require the Secretary of State to submit  
          to the voters at the November 4, 2014 election an advisory  
          question asking whether the Congress of the United States should  
          immediately reform our immigration laws and pass comprehensive  
          immigration reform that includes a path to citizenship for  
          immigrants meeting certain requirements, as specified, and  
          whether the President of the United States should halt  
          deportations of those immigrants until that new immigration law  
          is passed.  Pending in Sen. Appropriations.
          AJR 3 (Alejo) 2013 set forth goals for the reform of the  
          nation's immigration system, and urged Congress and the  
          President of the United States to take a humane and just  
          approach to solving the nation's broken immigration system.   
          Chaptered. 
          SJR 8 (Correa) 2013 recognized principles for repairing the  
          nation's historically broken immigration system, and urged  
          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.  Chaptered. 
           REGISTERED SUPPORT / OPPOSITION  :   
           Support 
           
          California-Mexico Studies Center, Inc.
                                                                  AJR 49
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          Hermandad Mexicana Humanitarian Foundation
          Protect Our Families - Save the Children Campaign
           Opposition 
           
          None on file
           
          Analysis Prepared by  :  Kevin G. Baker / JUD. / (916) 319-2334