BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AJR 38|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   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,  








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            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








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                 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  
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               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 







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          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  
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          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


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