BILL ANALYSIS Ó
SJR 8
Page 1
SENATE THIRD READING
SJR 8 (Correa)
As Amended April 8, 2013
Majority vote
SENATE VOTE :32-0
JUDICIARY 10-0
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|Ayes:|Wieckowski, Wagner, | | |
| |Alejo, Chau, Dickinson, | | |
| |Garcia, Gorell, | | |
| |Maienschein, Muratsuchi, | | |
| |Stone | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 (U.S.) who are
suffering from 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
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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by our outdated, inefficient, and slow-moving immigration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prosperity, yet our rigid, outdated immigration policies are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 University of California,
Los Angeles 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
individuals to become legal and enfranchised participants in
our society and economy.
9)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,
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908 F. Supp. 755, 786-87 (C.D. Cal. 1995).)
FISCAL EFFECT : None
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
immigration system using those principles.
The author describes the reason for the measure as follows:
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.
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
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
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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 (LPR) status after another 10
years. At that point, persons with LPR status would probably
have to wait another three years to be eligible to apply for
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.
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.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0001959