California Legislature—2015–16 Regular Session

Assembly Bill No. 20

Introduced by Assembly Member Alejo

December 1, 2014

An act relating to immigration.

LEGISLATIVE COUNSEL’S DIGEST

AB 20, as introduced, Alejo. Undocumented immigrants.

Existing law establishes the Franchise Tax Board and prescribes its various powers and duties regarding, among other things, the administration of state personal income taxes and requires that an income tax return be filed by every individual who has income in excess of specified amounts. Existing law allows an income tax return to be filed with the Franchise Tax Board using an individual taxpayer identification number.

This bill would make findings and declarations regarding immigration and immigrants within the United States and California, including encouraging those immigrants who are not eligible to receive a social security number to file a California state income tax return using an individual taxpayer identification number and that California would benefit by providing undocumented persons who are agricultural or service industry employees with a permit to work and live in the state.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The United States of America is a nation of values, founded
on the principles that all men and women are created equal, and
the promise of freedom for all.

(b) We are a nation of immigrants, who believe in the promise
of freedom and opportunity.

(c) The current immigration system is broken, antiquated, and
not meeting the challenges of the 21st century. It separates families,
including same-sex couple families, creates long backlogs for
families seeking reunification, and neglects the hard work and
financial contributions immigrants make to our country.

(d) Since 2008, more than 1.6 million immigrants have been
deported, and one in every 10 American children faces the threat
of the deportation of a parent.

(e) Approximately 11 million undocumented immigrants are in
the United States, and California has the largest population of
immigrants, both legal and undocumented.

(f) Immigrants and their children constitute nearly one-half of
California’s population and live and work in all 58 counties, most
notably in the San Diego, Central Valley, Los Angeles, Ventura,
and greater San Francisco areas.

(g) Approximately 77 percent of undocumented immigrants
who reside in California live with family members who are legal
United States residents and citizens.

(h) One in 10 workers in California is an undocumented
immigrant, and immigrants are a vibrant, productive, and vital part
of the state’s growing economy.

(i) Immigrants are essential in keeping the American economy
strong; from technology programmers in the Silicon Valley to
restaurant owners and workers, immigrants are filling an intrinsic
need in the labor force.

(j) Agricultural workers have been performing very important
and difficult work to maintain America’s food supply, and have a
role of ensuring that Americans have safe and secure agricultural
products to sell and consume.

(k) Students should not be punished for their immigration status.
Instead, they should be given recognition for their sacrifice, hard
work, and determination.

(l) The United States can do a better job of attracting and
keeping the world’s best and brightest. A comprehensive
immigration reform should also grant immigrants who have
received a Ph.D. or master’s degree in science, technology,
engineering, or mathematics from an American university the
opportunity to invest in and contribute to this great nation. For the
future of our economy, it makes no sense to educate the world’s
future innovators and entrepreneurs only to ultimately force them
to leave our country at the moment they are most able to contribute
to our economy.

(m) Modernizing our antiquated and dysfunctional immigration
system will uphold our nation’s basic values of fairness and
equality, as well as access to health care.

(n) A comprehensive, as well as compassionate, approach to
solve our broken immigration system should be one that works
for all communities and families in America.

(o) The full recovery of the California economy depends upon
the continued residence and employment of all current and future
members of the state workforce, whether currently employed or
in the process of education or training for future employment.

(p) The removal of residents and employees, who are free of
any serious criminal history or criminal misconduct, from the state
during this time of economic recovery is disruptive of the nascent
recovery, and separates and disrupts families and community, with
significant secondary effects on the state economy and the state
education system.

(q) The Legislature recognizes and acknowledges the federal
government’s exclusive authority in the area of immigration
regulation, including the determination of enforcement priorities
and the granting of discretionary relief on an individual or class
wide basis.

(r) The failure of the Congress to act on much-needed federal
legislation to provide relief from deportation and a pathway to
citizenship for those millions of undocumented persons who have
resided peacefully in California and other states for many years,
raising families, paying taxes, and contributing to our economy
and society, has perpetuated a structural problem in our state
economy, with too many workers intimidated from playing a
complete role in our social and economic development by the lack
of legal protection occasioned by their status.

(s) Despite these impediments, many undocumented workers
have endeavored year after year to file California state income tax
returns using an individual taxpayer identification number.

(t) Encouraging those who are not eligible to receive a social
security number to file a California state income tax return using
an individual taxpayer identification number is in the best interest
of the state, its economy, and its tax laws.

(u) California will benefit from a program to provide
undocumented persons who are agricultural or service industry
employees with a permit to work and live in California.