BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1850


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          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  








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            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.









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          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  








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          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):









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            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  








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          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












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          Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087