BILL ANALYSIS Ó AB 1850 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 1850 (Eduardo Garcia) - As Introduced February 10, 2016 [Note: This bill is doubled referred to the Assembly Judiciary Committee and will be heard by that Committee as it relates to issues under its jurisdiction.] SUBJECT: Educational services: federal Immigration Reform and Control Act of 1986 SUMMARY: Deletes the word "illegal" from the descriptor "illegal alien" in legislative findings and declarations related to the federal Immigration Reform and Control Act of 1986, and replaces the word "alien" with the term "foreign national" in these provisions, subject to a terminology change in federal law. Specifically, this bill: 1)Replaces the word "alien" with the term "foreign national" and "illegal alien" with the term "undocumented foreign national" in sections related to the federal Immigration Reform and Control Act of 1986. 2)Makes these changes operative only if the Superintendent of Public Instruction (SPI) certifies, in writing, to the Secretary of State of California on or before January 20, 2017, that House Resolution 3785 of the 114th United States AB 1850 Page 2 Congress, or an equivalent measure, has been enacted and the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act has become law, accomplishing both of the following with respect to an executive agency of the federal government: a) the replacement of the term "alien" with the term "foreign national" when used to refer to an individual who is not a citizen or national of the United States b) the replacement of the term "illegal alien" with the term "undocumented foreign national" when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful immigration status in the United States 3)Strikes the term "illegal" from one of these sections, leaving the term "alien" in law, and states that if the above certification is made, this change would become inoperative. EXISTING LAW: 1)States findings and declarations relative to the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), including provisions that granted amnesty and made illegal aliens eligible for permanent residency in California. States that under the act, eligible aliens would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. AB 1850 Page 3 2)States the intent of the Legislature to establish a state test for use by eligible aliens to attest to their understanding of English and understanding of the history and government of the United States, to meet the requirements of Section 312 of the Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986. 3)Requires the SPI, in consultation with the Chancellor of the California Community Colleges, to develop a test or adopt an existing test, subject to the approval of the United States Attorney General pursuant to the federal Immigration Reform and Control Act of 1986, to measure whether an eligible alien has a minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States as required under Section 312 of the Immigration and Nationality Act. 4)Uses the word "alien" in several other sections, including those pertaining to curriculum on the internment of Japanese Americans during World War II, adult education, and higher education. FISCAL EFFECT: Unknown COMMENTS: Need for the bill. The author's office states: "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 would complete the effort made by the Legislature to completely remove the term 'illegal aliens' from the California AB 1850 Page 4 code and to move society forward and away from this term." Federal legislation to change terminology. This bill replaces the word "alien" with the term "foreign national" in these provisions only if the SPI certifies to the Secretary of State of California that this terminology has been changed in federal law. Legislation pending in Congress, titled the "Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act" (H.R.3785, Castro) would make such a change in federal law. H.R.3785 would prohibit an executive agency from using "alien" and "illegal alien" in any rule, regulation, interpretation, publication, other document, display, or sign issued by the agency, and replace the term "alien" with "foreign national," and "illegal alien" with "undocumented foreign national." Terminology changing in the media. This legislation reflects a recent shift in terminology in the media. A 2013 Pew Research Center analysis of news media terminology relating to immigrants found that "use of 'illegal alien' reached its low point in 2013, dropping to 5% of terms used. It had consistently been in double digits in the other periods studied, peaking at 21% in 2007." Other provisions of the Education Code which use the term "alien." In addition to the section amended by this bill, there are a number of other sections of the Education Code in which the term "alien" appears. To meet the author's intent, staff recommends that the bill be amended to include the following sections (subject to the same requirements): AB 1850 Page 5 52382: Summer vocational education 52613: Adult schools 52651: Immigrant Workforce Preparation Act 68062: Determination of student residence 68130.5: Student residency requirements In addition, Education Code section 13000, the California Civil Liberties Public Education Act, uses the term "resident alien" to describe legal permanent residents of Japanese ancestry who, along with American citizens of Japanese ancestry, were interned during World War II. There also appears to be an error in this section in which the term "citizens" appears as "civilians." This section quotes Congress' and the President Reagan's apology for the internment, the federal Civil Liberties Act of 1988, which described those interned as "citizens and permanent residents" of Japanese ancestry. Due to the particular historical context of the Japanese American internment, and the fact that the legal permanent residents who were interned were ineligible for citizenship until 1952, staff recommends that this section, as well as section 69505 of the Education Code (on financial aid AB 1850 Page 6 calculations related to reparations from the internment), be amended to conform to the terminology used in the federal Civil Liberties Act of 1988 ("citizens and permanent residents"), and make these changes not subject to a change in federal law. These provisions characterize a group of persons in relation to an historical event, and do not relate to immigration status, or any requirements or eligibility under the law. Related legislation. SB 432 (Mendoza) of this Session repealed from the Labor Code the definition of "alien" and a hiring preference provision which used that term, by repealing the section in which the term appeared. REGISTERED SUPPORT / OPPOSITION: Support California Immigrant Policy Center Opposition None received AB 1850 Page 7 Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087