BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AJR 38| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AJR 38 Author: Eduardo Garcia (D) Introduced:4/27/16 Vote: 21 SENATE JUDICIARY COMMITTEE: 6-1, 6/28/16 AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski NOES: Anderson ASSEMBLY FLOOR: 61-9, 6/13/16 - See last page for vote SUBJECT: Foreign nationals: CHANGE Act SOURCE: Author DIGEST: This resolution urges Congress to pass, and the President to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act to prohibit federal executive agencies from using the derogatory term "alien" to refer to individuals who are not a citizen or national of the United States. ANALYSIS: Existing law: 1)Includes numerous references to "alien," to describe noncitizens, including but not limited to the following code sections: Business and Professions, Civil, Education, AJR 38 Page 2 Government, Health and Safety, Health, Insurance, Labor, Military and Veterans, Penal, Probate, Public Contract, Public Resources, Revenue and Taxation, Unemployment Insurance, Vehicle, Welfare and Institutions, and article XIII of the California Constitution relating to taxation. 2)Includes references to "illegal aliens" in various federal laws, including, but not limited to the following: Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 1365); Section 421(5)(A)(ii)(II) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. Sec. 658(5)(A)(ii)(II)); Section 432(e) of the Homeland Security Act of 2002 (6 U.S.C. Sec. 240(e)); Section 439(a) of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. Sec. 1252c(a)); Section 280(b)(3)(A) of the Immigration and Nationality Act (8 U.S.C. Sec. 1330(b)(3)(A)); Section 286(r)(3)(ii) of the Immigration and Nationality Act (8 U.S.C. Sec. 1356(r)(3)(ii)); Section 332 of the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. Sec. 1366); Section 411(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. Sec. 1621(d)); and AJR 38 Page 3 Section 106(e) of the Public Works Employment Act of 1976 (42 U.S.C. Sec. 6705(e)). This resolution: 1)Declares, among other things, that: California has over 10 million immigrants, coming from more than 60 countries, who are projected to make up 27 percent of the state's population in 2030; Immigrants are a keystone of our culture, politics, and society, and have helped shape the identity of California; More than a third of the working-age adults in the state are immigrants, contributing to the state's entrepreneurial and economic success; Immigration remains at the center of national debate, and that the terms "illegal" and "alien" when used in reference to people have undergone demeaning and derogatory connotations and are increasingly associated with racist sentiments; The legitimacy of the word "alien" as a legal definition is being called into question with the state's passage of SB 432 (Mendoza, Chapter 160, Statutes of 2015), and there is a growing trend among prominent media and newspaper organizations to stop using the terms "illegal" and "alien" to describe people immigrating to, and residing in, the United States; and States that H.R. 3785, also known as the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, has been introduced in the 114th Congress to AJR 38 Page 4 prohibit federal executive agencies from using the derogatory term "alien" to refer to individuals who are not a citizen or national of the United States. 1)Urges the United States Congress to pass, and the President of the United States to sign, the CHANGE Act. Background This resolution is part of a growing movement to eliminate the terms "alien" and "illegal alien" as they refer to immigrants in state and federal laws, as well as in journalism. According to the author, the use of such terms is outdated and derogatory, and should be eliminated from official government usage. In early 2013 several media outlets, including the Associated Press and the Los Angeles Times issued guidelines that "illegal immigrant" would no longer be used to label a person, and that articles should instead describe the individual's circumstances. Likewise, in March 2016 the Library of Congress announced it would be removing the term "illegal alien" as a bibliographical term. Last year, California enacted SB 432 (Mendoza) to eliminate references to "alien" throughout the Labor Code. The Senate recently approved legislation that would remove the term of "alien" from a Civil Code statute that provides for equal property rights for all people regardless of citizenship status. (SB 1351, De León, 2016.) Of particular relevance to this resolution, the 114th U.S. Congress has introduced H.R. 3785, the CHANGE Act, which prohibit federal executive agencies from using the terms "alien" and "illegal alien" to refer to immigrants and, instead, require usage of the terms "foreign national" and "undocumented foreign national," respectively. This resolution seeks to urge the federal government to enact the CHANGE Act. Comments AJR 38 Page 5 As stated by the author, "[t]his measure would urge the United States Congress to pass, and the President of the United States to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act. Current law uses the term 'illegal alien' to describe a person who is not a citizen or national in the United States. This language is derogatory and antiquated and this bill would seek means to remove and replace this word with the word 'foreign national.' This resolution would help complete the effort made by the legislature to completely remove the term "illegal aliens" from the California code and to move society forward away from this term." FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified6/29/16) None received OPPOSITION: (Verified6/29/16) None received ASSEMBLY FLOOR: 61-9, 6/13/16 AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon AJR 38 Page 6 NOES: Brough, Beth Gaines, Grove, Harper, Melendez, Obernolte, Steinorth, Wagner, Waldron NO VOTE RECORDED: Travis Allen, Bigelow, Campos, Dahle, Gallagher, Gipson, Hadley, Jones, Mathis, Patterson Prepared by:Ronak Daylami / JUD. / (916) 651-4113 6/29/16 15:56:35 **** END ****