Amended in Assembly September 9, 2013

Amended in Senate June 10, 2013

Senate Joint Resolution No. 13

Introduced by Senator Yee

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(Coauthors: Assembly Members Achadjian, Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Skinner, Stone, Ting, Weber, Wieckowski, Williams, and Yamada)

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May 24, 2013

Senate Joint Resolution No. 13—Relative to immigration.

LEGISLATIVE COUNSEL’S DIGEST

SJR 13, as amended, Yee. Immigration reform: F3 and F4 visa categories.

This measure would memorialize the President and Congress of the United States to support immigration reform efforts that do not hurt families by eliminating or negatively impacting the F3 and F4 visa categories, or that end the discrimination against same-sex couples. The measure would memorialize the President and Congress to take a comprehensive, bipartisan, and well reasoned approach to immigration issues that maintains the fair and appropriate priority for family reunification, including same-sex partners.

Fiscal committee: no.

WHEREAS, Immigrants are a vibrant, productive, and vital part
of California’s growing economy, diverse cultural fabric, and
changing demographics; and

WHEREAS, Immigrants fuel California’s economy through
their labor and entrepreneurship, comprising approximately
one-third of California’s labor force and figuring prominently in
key economic sectors such as agriculture, construction,
manufacturing, and services; and

WHEREAS, Federal legislation has been proposed that offers
a path to citizenship for many of the 11 million undocumented
immigrants already living in the United States; and

WHEREAS, Unfortunately, the proposed law eliminates the F4
visa category so that United States citizens will no longer be able
to sponsor their brothers and sisters. It also places an age cap on
the F3 visa category so that United States citizens can only sponsor
their adult children if they are not more than 30 years old; and

WHEREAS, Eliminating the ability of United States citizens to
sponsor their loved ones such as brothers, sisters, and adult married
children 31 years of age and older, runs counter to the family values
that are a cornerstone of our nation. It is also counterproductive
since it limits the ability of immigrant families to contribute to the
entrepreneurship and innovation that have been vital drivers of
economic growth throughout our nation’s history; and

WHEREAS, Unfortunately, the proposed law also does not offer
same-sex couples the same preference as heterosexual couples;
and

WHEREAS, The inability of United States citizens to sponsor
their same-sex partner will divide families, and this practice clearly
holds LGBT families in a second-class status; and

WHEREAS, People with their families are happier, healthier,
and more able to succeed than those living apart for years on end.
By pooling resources, families can do together what they cannot
do alone-start businesses, create jobs, and contribute more to the
general welfare; and

WHEREAS, Eliminating the F4 and altering the F3 visa
categories will have a profound impact on Asian Americans and
Pacific Islanders. In November 2012, there were 4.3 million people
in the family immigration backlog, nearly one-half of whom were
from Asian countries. Asian Americans and Pacific Islanders
sponsored over 40 percent of all family-based visas in 2010. Some
Asian immigrants have been forced to wait as long as 23 years to
be reunited with their families in the United States, largely due to
the limitations and inefficiencies of our legal immigration system;
and

WHEREAS, One and one-half million Latinos are on the waiting
list for family reunification, making up one-third of the backlog,
with some waiting as long as 20 years; and

WHEREAS, We support the expansion of availability of H-1B
visas as well as other visas necessary to bring needed workers into
our country to grow our economy; and

WHEREAS, We commend the efforts of the federal government
in working towards a comprehensive reform measure that is
compassionate to the immigrant, protects our nation’s economy,
and safeguards our national security while upholding the dignity
of the United States Constitution. However, we strongly encourage
congressional representatives to reexamine the possible elimination
of the F4 visa category and modification of the F3 visa category;
and

WHEREAS, A bipartisan, comprehensive workable immigration
reform package must be based not only on a path towards
permanent residency and citizenship, but also on the promotion
of strong and healthy families who are the core of our vibrant
nation; now, therefore, be it

Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature of the State of California
respectfully memorializes the President and the Congress of the
United States to support immigration reform efforts that do not
hurt families by eliminating or negatively impacting the F3 and
F4 visa categories, or that end the discrimination against same-sex
couples; and be it further

Resolved, That the Legislature urges the President and the
Congress of the United States to take a comprehensive, bipartisan,
and well-reasoned approach to solving our nation’s broken
immigration system, while maintaining the fair and appropriate
priority for family reunification, including same-sex partners; and
be it further

Resolved, That the Secretary of the Senate transmit copies of
this resolution to the President and the Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, and to each Senator and
Representative from California in the Congress of the United
States.