BILL ANALYSIS Ó
SJR 13
Page 1
Date of Hearing: August 27, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SJR 13 (Yee) - As Amended: June 10, 2013
SENATE VOTE : 29-1
SUBJECT : IMMIGRATION REFORM: F3 AND F4 VISA CATEGORIES
KEY ISSUE : SHOULD THE LEGISLATURE URGE CONGRESS AND THE
PRESIDENT TO SUPPORT IMMIGRATION REFORM THAT DOES NOT
DISCRIMINATE AGAINST SAME-SEX COUPLES AND THAT DOES NOT
ELIMINATE THE F3 AND F4 VISA CATEGORIES THAT CURRENTLY PROMOTE
FAMILY REUNIFICATION?
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
SYNOPSIS
On June 27, 2013, the United States Senate, by a bipartisan
68-32 vote, passed S. 744, comprehensive immigration reform that
proposes to make sweeping changes to federal immigration law.
Among other things, the federal legislation in its current form
seeks to eliminate the F3 and F4 visa categories, which
currently enable U.S. citizens to sponsor their siblings or
adult married children over age 31 for immigration to this
country. In addition, the proposed federal legislation does not
offer same-sex couples the same rights as heterosexual couples
because it does not permit a U.S. citizen to sponsor his or her
same-sex partner for immigration, only an opposite-sex partner.
In response, this important and timely resolution makes a number
of legislative findings about immigrants and their families, and
calls on Congress and the President to support immigration
reform efforts that do not hurt families by eliminating or
negatively impacting the F3 and F4 visa categories, and that do
not promote discrimination against same-sex couples. The
measure also urges Congress and the President to take a
comprehensive and well-reasoned approach to immigration reform
that maintains fair and appropriate priority for family
reunification policies. This measure has no known opposition.
SUMMARY : Makes certain findings and declarations about
immigrants and their families, and urges Congress and the
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President of the United States to take a comprehensive and
well-reasoned approach to immigration reform that maintains fair
and appropriate priority for family reunification policies,
including for same-sex partners. Specifically, this measure :
1)Finds that immigrants are a vibrant, productive, and vital
part of California's growing economy, diverse cultural fabric,
and changing demographics.
2)Finds that federal legislation has been proposed that offers a
path to citizenship for many of the 11 million undocumented
immigrants already living in the U.S.
3)Finds that the proposed legislation unfortunately eliminates
the F4 visa category so that U.S. citizens will no longer be
able to sponsor their brothers and sisters, and places an age
limit on the F3 visa category so that U.S. citizens can only
sponsor their adult children if they are not more than 30
years old.
4)Declares that eliminating the ability of U.S. citizens to
sponsor their 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, and is particularly
counterproductive because 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.
5)Finds that eliminating the F4 and altering the F3 visa
categories will have a profound impact on Asian Americans and
Pacific Islanders and Latinos, as demonstrated by data such
as:
a) In November 2012, there were 4.3 million people in the
family immigration backlog, nearly one-half of whom were
from Asian countries;
b) Asian Americans and Pacific Islanders sponsored over 40%
of all family-based visas in 2010; and
c) Some Asian immigrants have been forced to wait as long
as 23 years to be reunited with their families in the U.S.,
largely due to the limitations and inefficiencies of our
legal immigration system.
d) One and a half million Latinos are on the waiting list
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for family reunification, making up one-third of the
backlog, with some waiting as long as 20 years.
6)Declares support for 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.
7)Finds that the proposed federal legislation does not offer
same-sex couples the same preference as heterosexual couples,
and declares that the inability of U.S. citizens to sponsor
their same-sex partner will divide families and will clearly
hold LGBT families in a second-class status.
8)Commends 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.
9)Declares that the Legislature strongly encourages
congressional representatives to reexamine the possible
elimination of the F4 visa category and modification of the F3
visa category; and that 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.
10)Resolves that the Legislature 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 and that end the discrimination against same-sex
couples.
11)Resolves 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.
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).)
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COMMENTS : The author explains the need for the measure as
follows:
Currently, the immigration reform bill working its way
through Washington will shrink and eliminate categories
for preferential visa status. The F-3 status has been
capped so that citizens may only sponsor adult married
children under the age of 30, while the F-4 status that
allows for the sponsorship of siblings of citizens has
been eliminated. In addition, the current immigration
reform bill continues the policy of not recognizing
same-sex partners. Without recognition, individuals in
committed same-sex relationships cannot be sponsored by
their partners, which can keep families separate for
years.
The purpose of SJR 13 is to call upon Congress to
continue to allow families to be made whole. Currently,
90,000 people receive these visas per year. There is
currently a backlog 4.3 million people seeking
reunification with their family members. The
elimination of the F-3 and F-4 Visas for the adult
children and siblings of American citizens will add to
this backlog, send those awaiting these visas to the
back of the line, and continue the separation of
families.
According to the author, Asian and Pacific Islanders (API) are
particularly adversely affected by family immigration, with
nearly half of the 4.3 million people in the family immigration
backlog living in Asia. Asian-Americans 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, due to the
large backlog and inefficiencies of our immigration system. In
addition, according to the author, approximately 1.5 million
Latinos are impacted by family immigration and Latinos are the
largest group of legal permanent residents (LPR), totaling 4.7
million in 2009. Of these 4.7 million LPRs, only five percent
received employment-based visas, indicating the importance of
the family visa system for reunification of immigrant families.
Finally, according to the author, approximately 36,000 U.S.
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citizens in same-sex relationships are unable to sponsor their
spouse or partner for residency. These couples have nearly
25,000 children in the United States with one parent stranded
abroad.
Background on proposed federal immigration reform. On June 27,
2013, the United States Senate passed S. 744, known as the
Border Security, Economic Opportunity, and Immigration
Modernization Act of 2013. This historic legislation-approved
by a bipartisan 68-32 vote in the Senate-proposes to make
sweeping changes to federal immigration law.
Among other things, the federal legislation in its current form
would make a few significant changes to the family visa system.
For example, S. 744 would eliminate U.S. citizens' ability to
sponsor their siblings or adult married children over age 31 for
immigration to the U.S. If enacted, a citizen would have only
18 months after the law goes into effect to petition for their
siblings and adult married children over age 31 to immigrate to
this country and be reunited with family members. On the other
hand, the legislation would also remove visa caps for immediate
relatives (spouses and minor children) of lawful permanent
residents (LPR), which would likely decrease the long time that
immigrants typically must wait to be reunited with their
families who are eligible to immigrate under the F3 and F4
family visa program.
Most notably, S. 744 would create a road to citizenship for many
immigrants who do not now have legal immigration status. These
immigrants would be able to apply for registered provisional
immigrant (RPI) status provided that they have been physically
present in the U.S. on or before December 31, 2011; have been
continuously present in the U.S. from December 21, 2011 until
the date of application for RPI status; and meet certain other
criteria. (National Immigration Law Center (July 2013) at
http://nilc.org /irsenateS744faq.html .) Individuals admitted to
RPI status could obtain a work permit and be allowed to travel
outside the U.S. and then return, and would be eligible to apply
for lawful permanent resident status ("green card") status after
another 10 years. At that point, persons with LPR status would
probably have to wait another 3 years to be eligible to apply
for U.S. citizenship. In order for this comprehensive
immigration reform bill to become law, it must first be approved
by the U.S. House of Representatives and then signed by the
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President. At the time of this analysis, it is not known what
action, if any, the House will take to consider S. 744 or
comprehensive immigration reform generally.
Promotion of family reunification policies. Consequently, it is
the author's intent with this timely resolution to urge federal
lawmakers to reexamine the possible elimination of the F4 visa
category and modification of the F3 visa category which, the
author contends, will make it difficult or nearly impossible for
many immigrants to bring their family members to the U.S. and
once again be made whole. Furthermore, again within the
framework of comprehensive immigration reform, the author urges
federal lawmakers to permit U.S. citizens to sponsor their
non-citizen same-sex partners for immigration so that the law
does not unfairly discriminate against such families on the
basis of sexual orientation.
Previous Related Legislation: AJR 37 (De Leon), Res. Chapter
62, Stats. 2010, specified principles for repairing the nation's
broken immigration system and urged Congress and the President
to take a comprehensive and workable approach to improving the
nation's immigration system using those principles.
AJR 3 (Alejo), Res. Chapter 77, Stats. 2013, specified goals for
the reform of the nation's immigration system, and urged
Congress and the President to take a humane and just approach to
solving the nation's broken immigration system.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334