BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: SB 23
S
AUTHOR: Lara
B
VERSION: April 1, 2013
HEARING DATE: April 23, 2013
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FISCAL: Yes
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CONSULTANT: Tepring Piquado
SUBJECT
Task Force on Immigrant Integration
SUMMARY
This bill directs the Governor to establish a Task Force on
Immigrant Integration to provide, among other things,
recommendations on protocols and policies regarding
immigrants, as specified.
ABSTRACT
Existing law:
1) Establishes in the U.S. Department of Justice, an
Immigration and Naturalization Service. (8 USC 1551)
2) Establishes in California a Department of Community
Services and Development (CSD) to employ resources of
both private and public sectors of the state to assist
immigrants, the elderly and the poor to secure
meaningful employment, adequate education and other
goals, as specified. (GOV 12085)
3) Establishes The Naturalization Services Program to
be administered within CSD to provide funding to
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community-based organizations to assist legal
permanent residents in obtaining citizenship and to be
implemented to the extent that funds are appropriated
for this purpose in the annual Budget Act. (GOV 12089)
This bill:
1) Makes a number of legislative findings and
declarations relating to immigrants, their
participation in the work force, and their
contribution to the state's economy.
2) Directs the Governor to establish a Task Force on
Immigrant Integration to provide the following:
a. Recommendations on protocols and
collaboration among governmental agencies to
streamline resources to assist immigrant
integration on or before January 1, 2015.
b. Policy recommendations to the Legislature
on integrating immigrants in the state, including
a recommendation on the establishment of an
Office of New Americans, on or before January 1,
2015.
c. Initial recommendations to the
Legislature to ensure the state is ready to
assist new Americans eligible to change their
legal status pursuant to federal law no later
than six months after the date when changes in
federal immigration law occur to authorize
undocumented immigrants to change their legal
status.
3) Requires the task force be comprised of 15 members
appointed by the Governor on or before April 1, 2014.
4) States that, in order to be eligible for
appointment to the task force, an individual shall
have experience and expertise in immigrant
integration.
5) Provides that Members of the task force shall serve
at the pleasure of the Governor.
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6) Directs the Governor, upon the occurrence of a
vacancy, to appoint a replacement within 20 days of
the vacancy.
7) Provides that Members of the task force shall not
be compensated, but shall be reimbursed for necessary
expenses to attend meetings.
8) Directs the Governor to select the chair of the
task force from the members appointed, as specified.
9) States that meetings of the task force shall be
subject to the open meeting requirements of the
Bagley-Keene Open Meeting Act, as specified.
10) Requires the task force to meet at least four times
during the calendar year and meet at least once within
the Counties of Fresno, Los Angeles, San Diego, and
San Francisco.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill
According to the author, on the eve of national immigration
reform, it is vital that California be ready to receive and
successfully help new Americans integrate because
citizenship and civic participation of all Californians is
essential to the economic and societal well-being of the
state. SB 23 requires California to establish a task force
to provide recommendations on immigrant integration,
implementation of federal immigration reform, and
establishment of an Office of New Americans.
U.S. Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is the
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government agency that oversees lawful immigration to the
United States. USCIS' strategic goals include
strengthening the security and integrity of the immigration
system, supporting immigrants' integration and
participation in American civic culture, promoting flexible
and sound immigration policies and programs, among other
goals.
Immigrant population
In 2010, non-native born residents represented 13 percent
of the United States population and 27 percent of
California's. In 2009, 31.4 percent of foreign-born
individuals were legal permanent residents and 44 percent
were naturalized citizens. Of the foreign-born immigrants
who were over 16 years of age, 68 percent participated in
the labor force.
According to the federal Small Business Administration, 18
percent of all small business owners in the United States
are immigrants. The Fiscal Policy Institute reported that
small businesses owned by immigrants employed an estimated
4.7 million people in 2007 and, according to the latest
estimates, these small businesses generated more than $776
billion annually.
In fiscal year 2012, approximately 676,396 individuals were
naturalized and of those 151,183 were Californians.
California Department of Community Services and Development
The Department of Community Services and Development (CSD)
began as the State Office of Economic Opportunity (OEO),
created by the federal Economic Opportunity Act of 1964
under the direction of Sargent Shriver. The state later
changed the agency's name to Community Services and
Development.
When the department was created, the Legislature declared
that "California can achieve its full economic and social
potential as a state only if every individual has the
opportunity to contribute the full extent of his or her
capabilities and to participate in the workings of
society."
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Naturalization Services Program (NSP) was administered by
CSD from 1998 to 2008. Under the NSP, CSD contracted with
community based organizations to assist legal permanent
residents in obtaining citizenship. Activities and services
performed included outreach, intake, referrals, citizenship
application assistance, citizenship testing, interview
preparation, and follow up activities.
In the last year of the NSP program (FY 2007- 2008), the
department was awarded $3 million General Funds and
contracted with 23 community based organizations around the
state. In the same year, 9,743 clients were served, and
5,502 received certificates of naturalization. A total of
118,488 clients were served during the life of the program.
The program was defunded due to the recession and budget
constraints.
Labor and Occupations
Immigrants comprise more than one-third of California's
labor force (34 percent). In terms of occupations,
immigrants make up 81 percent of those involved in farming,
fishing, and forestry, 63 percent of grounds cleaning and
maintenance laborers, 58 percent of production workers, 43
percent of construction workers, 42 percent of food
preparation and serving employees, 41 percent of
transportation workers and 37 percent of those employed in
personal care and service jobs. About 82 percent of all
Latino and Asian immigrant men of working age (25-64) are
employed, compared with 74 percent of U.S. born Latino and
Asian men.
Federal Immigration Policy Directions
On April 16, 2013, a bipartisan group of U.S. Senators
introduced Senate Bill 744, "The Border Security, Economic
Opportunity, and Immigration Modernization Act of 2013," a
major immigration bill that would bolster border security
and legalize many of America's 11 million undocumented
immigrants, putting them on a path to citizenship, and
dramatically overhauling the legal immigration system.
A January 2013 press release by the White House underscored
the Administration's interest in immigration reform, by
unveiling a proposal to provide undocumented immigrants a
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way to earn citizenship more quickly by serving in the
military or pursuing higher education.
Other States
A number of states have created advisory councils on
immigrant integration through executive orders, including
Illinois, Maryland, Massachusetts, New Jersey, and
Washington State. New York's Governor Andrew Cuomo recently
launched the New York State Office for New Americans, to
coordinate policies and programs to help new Americans
fully integrate into the state, provide more and better
services to the growing number of immigrants living in the
state, and to study the impact of immigration policy.
Related legislation
SJR 8 (Correa) 2013, would specify principles for repairing
the nation's historically 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.
AB 4 (Ammiano) 2013, would prohibit a law enforcement
official from detaining an individual on the basis of a
United States Immigration and Customs Enforcement (ICE)
hold after that individual becomes eligible for release
from criminal custody, unless certain conditions are met.
AJR 3 (Aleijo) 2013, would specify tenets for repairing the
nation's broken immigration system, and would urge Congress
and the President of the United States to take a humane and
just approach to improving the nation's immigration system
using those tenets.
Comments
It is unclear whether the task force will remain in effect
after the recommendations are provided on or before January
1, 2015. Staff recommends the following amendment to
specify a sunset date for the task force:
(g) This section shall remain in effect only until
January 1, 2018, and as of that date is repealed,
unless a later enacted statute, that is enacted before
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January 1, 2018, deletes or extends that date.
Stakeholders have expressed concern about the composition
of the appointed members. Therefore, the author's office,
with staff's concurrence, recommends the following
amendments:
(b) (1) The task force shall be comprised of 15
members. appointed by the Governor on or before April
1, 2014. On or before April 1, 2014, nine members
shall be appointed by the Governor, three members
shall be appointed by the Senate President pro
Tempore, and three members shall be appointed by the
Speaker of the Assembly.
(2) Members of the task force shall serve at the
pleasure of the Governor appropriate appointing power .
Upon the occurrence of a vacancy, the Governor
appointing power shall appoint a replacement within 20
days of the vacancy.
The author's office, with staff's concurrence, recommends
changing the title to the "Task Force on New American
Integration" to reflect California's commitment to pursing
policies that support the ability of all Californians,
including immigrants, to be economically self-sufficient,
participate in our national and state political process.
Staff recommends the following amendments:
On page 3, in line 14 strike out "Immigrant" and
insert: New American
On page 3, in line 17 strike out "Immigrant" and
insert: New American
POSITIONS
Support: Asian Pacific American Legal Center
Asian Pacific Policy & Planning Council
(A3PCON)
Central American Resources Center - Los
Angeles
Coalition for Humane Immigrant Rights of Los
Angeles (CHIRLA)
CREER Organization San Juan Capistrano
Equality California (EQCA)
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The Filipino American Service Group Inc.
(FASGI)
Metropolitan Community Church in the Valley
The Mexican American Legal Defense and
Educational Fund
Services, Immigrant Rights and Education
Network (SIREN)
Southeast Asia Resource Action Center
(SEARAC)
Oppose: None received
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