BILL ANALYSIS Ó
SJR 13
Page 1
SENATE THIRD READING
SJR 13 (Yee)
As Amended June 10, 2013
Majority vote
SENATE VOTE :29-1
JUDICIARY 9-0
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|Ayes:|Wieckowski, Alejo, Chau, | | |
| |Dickinson, Garcia, | | |
| |Gorell, Maienschein, | | |
| |Muratsuchi, Stone | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Makes certain findings and declarations about
immigrants and their families, and 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, including for same-sex
partners. Specifically, this measure , among other things:
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 United States (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
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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.
6)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 lesbian, gay, bisexual, and transgender (LGBT) families
in a second-class status.
7)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 U.S. Constitution.
8)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.
9)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.
10)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.
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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).)
FISCAL EFFECT : None
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. 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 impacted 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% 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 5% received employment-based visas,
indicating the importance of the family visa system for
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reunification of immigrant families.
Finally, according to the author, approximately 36,000 U.S.
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.
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 change
the family visa system significantly by eliminating the ability
of U.S. citizens 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 here to be reunited with their 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.
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 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.
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
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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.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0001960