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