BILL ANALYSIS Ó
SJR 8
Page 1
Date of Hearing: August 27, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SJR 8 (Correa) - As Amended: April 8, 2013
SENATE VOTE : 32-0
SUBJECT : IMMIGRATION
KEY ISSUE : SHOULD THE LEGISLATURE URGE CONGRESS AND THE
PRESIDENT TO TAKE A COMPREHENSIVE AND WORKABLE APPROACH TO
IMPROVING THE NATION'S IMMIGRATION SYSTEM?
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
SYNOPSIS
Consistent with prior measures on the issue, this resolution
urges Congress and the President to take a comprehensive and
workable approach to improving the nation's immigration system,
making certain findings regarding the number and economic
importance of immigrants in a nation founded by immigrants, and
the problems presented by the current federal immigration
system. The author and supporters contend that immigrants
constitute a vital and productive part of our state's economy,
and that comprehensive immigration reform should include a
reasonable and timely path to citizenship for undocumented
immigrants living and working in the United States. This
measure passed unanimously in the Senate and there is no known
opposition.
SUMMARY : Makes certain findings regarding immigrants and the
nation's immigration system, and urges Congress and the
President of the United States to take a comprehensive and
workable approach to improving the nation's immigration system.
Specifically, this measure , among other things:
1)Declares that the United States of America was founded by
immigrants who came from around the world seeking a better
life.
2)Finds that there are an estimated 11 million undocumented
immigrants living in the United States who are suffering from
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our dysfunctional immigration policy, including millions of
children brought to this country undocumented who have grown
up here and call the United States home.
3)Finds that a logical and streamlined path to citizenship for
individuals after they gain legal status would stimulate the
economy by allowing them to get college degrees and driver's
licenses, buy homes, start new companies, and create legal,
tax-paying jobs, affording them a chance at the American
Dream.
4)Finds that the United States Congress last enacted major
immigration legislation more than 25 years ago, and since that
time, fragmented attempts at immigration reform have failed to
create rational and effective systems needed to maintain
international competitiveness, and that immigration policy
must be designed to respond to emerging labor needs in all
sectors of the United States economy.
5)Finds that our national interests and security are not served
by our outdated, inefficient, and slow-moving immigration
system and that patchwork attempts to mend its deficiencies
undermine our potential for prosperity and leave us vulnerable
and unable to meet the needs of the modern world.
6)Finds that labor mobility is crucial to our economic
prosperity, yet our rigid, outdated immigration policies are
making it difficult for our companies and our nation to
compete. Finds that, according to UCLA researchers,
legalizing the status of undocumented immigrants working and
living in the United States will create around $1.5 trillion
in additional gross domestic product growth over the next 10
years and increase wages for all workers.
7)Declares that comprehensive immigration reform should include
a reasonable and timely path to citizenship for undocumented
immigrants living and working in the United States already,
and should also include comprehensive background checks of
these individuals, require them to demonstrate proficiency in
English, and pay all current and back taxes owed.
8)Declares that comprehensive immigration reform should have the
flexibility to respond to emerging business trends, and that
for economic, social, health, security, and prosperity
reasons, California must support policies that allow
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individuals to become legal and enfranchised participants in
our society and economy.
9)Finds that increased enforcement has given the federal
government the ability to prioritize the deportation of
lawbreakers and dangerous individuals and to ensure our
border's security. Nevertheless, this enforcement should not
be done in an inhumane way, but should continue to focus on
criminals, not on hardworking immigrant families, and not at
the expense of efficient trade with two of our top three
economic partners.
10)Finds that the United States loses large numbers of
necessary, highly skilled workers due to the lengthy and
complicated processes currently in place to get or keep a
legal residency option; and immigration reform should also
include an expedited process for those residing abroad and
applying for legal visas. Further finds that immigration
reform should offer permanent residency opportunities to
international students in American universities who are highly
trained and in high demand, and in so doing, avoid an
intellectual vacuum after their graduation.
11)Finds that immigration reform should recognize the societal
and cultural benefits of keeping the family unit intact and
take into account special circumstances surrounding candidates
for probationary legal status, such as those of minors brought
to the country as children or workers whose labor is essential
to maintain our country's competitiveness.
12)Resolves that the Senate and the Assembly of the State of
California, jointly, urge the President and the Congress of
the United States to take a comprehensive and workable
approach to solving our nation's historically broken
immigration system, using the principles described in this
resolution.
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).)
COMMENTS : This resolution specifies principles for repairing
the nation's historically broken immigration system, and urges
Congress and the President of the United States to take a
comprehensive and workable approach to improving the nation's
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immigration system using those principles.
The author describes the reason for the measure as follows:
America benefits from immigration, yet our nation's
immigration system is and has been critically broken.
SJR 8 strongly supports a comprehensive immigration
reform policy to be adopted by Congress. Every day that
members of Congress are gone from Washington and
immigration reform legislation is not acted on, 1,100
people will be deported. For economic, social, health,
security, and prosperity reasons, we must support
policies that keep families together and allow
individuals to become legal and enfranchised
participants in our society and economy. California and
the rest of the nation deserve it.
As the nation's most populous state and a border state,
California is pivotal in the national immigration
debate. California has over 3 million immigrants, the
largest share in the country and they constitute a
vital and productive part of our state's economy, which
represents approximately 15 percent of the nation's
total economy. Immigrants from various countries of
origin represent a large share of new small business
owners and create economic prosperity and needed jobs
for everyone. SJR 8 specifies that comprehensive
immigration reform should include a reasonable and
timely path to citizenship for undocumented immigrants
living and working in the United States already.
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 bill in its current form 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: (1) have been physically present in the U.S. on or
before December 31, 2011; (2) have been continuously present in
the U.S. from December 21, 2011 until the date of application
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for RPI status; (3) have settled any assessed federal tax
liability; (4) have not been convicted of certain crimes; and
(5) have not been a lawful permanent resident, asylee, refugee,
or in lawful nonimmigrant status (with some exceptions) on April
16, 2013. (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") 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 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. Thus, it is the author's intent with this resolution
to continue to urge federal lawmakers to take a comprehensive
and workable approach to improving the nation's immigration
system.
ARGUMENTS IN SUPPORT : The Western Growers Association supports
this measure because it too supports immigration reform that is
responsive to the needs of important California industries, such
as agriculture, and the thousands of immigrant workers and their
families who make important contributions to our economy and
society. They state:
For many years, farmers in the labor-intensive fresh
produce industry have called on Congress and presidents
of both parties to join them in acknowledging the fact
that the majority of those who work on our farms are
falsely documented, that America's fresh produce
industry must have a legal and reliable supply of
foreign labor, and that without it, production of these
high-value agricultural products will increasingly move
to Mexico and other nations. It is our hope that at
this critical moment of opportunity in Washington, DC,
SJR 8 will encourage federal lawmakers to enact reforms
that convey legal status to those who work in our
fields and ensure that the future labor needs of our
industry can be met with a workable foreign worker
program.
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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
Western Growers Association
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334