BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Senator Isadore Hall, III
                                        Chair
                                2015 - 2016  Regular 

          Bill No:           SB 10            Hearing Date:     4/28/15
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          |Author:    |Lara                                                 |
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          |Version:   |12/1/2014                                            |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Felipe Lopez                                         |
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          SUBJECT: Immigration:  Governor's Office of New Americans


            DIGEST:    This bill establishes the Office of New Americans  
          (ONA) in the Governor's office for the purpose of, among other  
          things, coordinating an ongoing multiagency, multisector public  
          and private effort to provide information and services to new  
          Americans. 

          ANALYSIS:
          
          Existing law:
          
          1)Establishes the Naturalization Services Program administered  
            within the Department of Community Services and Development,  
            to fund community based organizations in assisting legal  
            permanent residents in obtaining citizenship.

          2)Requires the Department of Community Services and Development  
            to seek input from stakeholders in designing the methodology  
            for the distribution of funds.

          3)Specifies that the Naturalization Services Program shall be  
            implemented to the extent that funds are appropriated by the  
            annual Budget Act.

          4)Prohibits licensing boards under the Department of Consumer  
            Affairs (DCA) from denying licensure to an applicant based on  
            his or her citizenship or immigration status, and requires a  







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            licensing board and the State Bar to require, by January 1,  
            2016, that an applicant for licensure provide his or her  
            individual taxpayer identification number or a Social Security  
            Number for an initial or renewal license. 


          5)Requires the Department of Motor Vehicles (DMV) to issue  
            driver's licenses to persons who are ineligible for a Social  
            Security Number if additional documentation is provided, as  
            specified.

          6)Prohibits a law enforcement officer from detaining an  
            individual on the basis of a United States Immigration and  
            Customs Enforcement hold after that individual becomes  
            eligible for release, unless the individual has been convicted  
            of specified crimes.

          This bill:

          1)Establishes the Office of New Americans (ONA) in the  
            Governor's office.  

          2)Specifies that the duties of the ONA shall include, but are  
            not limited to, all of the following:

             a)   Coordinating an ongoing multiagency, multisector public  
               and private effort to provide accurate, accessible  
               information and services to new Americans.
             b)   Overseeing the creation of a statewide plan for the  
               coordination and implementation of any presidential  
               executive action on immigration reform or federal  
               comprehensive immigration reform (CIR).
             c)   Providing outreach, education, and fraud prevention  
               services to ensure that the new American population has  
               accurate information relating to eligibility requirements  
               with regard to presidential executive action, CIR, federal  
               deferred action childhood arrivals (DACA), and other  
               policies, and where to obtain reputable application  
               assistance and legal services.
             d)   Providing citizenship application assistance, legal  
               services, and English and civics instruction.
             e)   Monitoring the implementation of the following:
               i)     DACA and any other presidential executive action on  
                 immigration reform or CIR.
               ii)    Chapter 524 of the Statutes of 2013 (Assembly bill  








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                 60 of the 2013-14 Regular Session).  AB 60 requires the  
                 DMV to issue driver's licenses to persons who are  
                 ineligible for a Social Security Number if additional  
                 documentation is provided, as specified.
               iii)   Chapter 17.1 (commencing with Section 7281) of  
                 Division 7 of Title 1 of the Government Code, commonly  
                 referred to as the TRUST Act.  The TRUST Act prohibits a  
                 law enforcement official form detaining an individual on  
                 the basis of a United State Immigration and Customs  
                 Enforcement hold after that individual becomes eligible  
                 for release, unless the individual has been convicted of  
                 specified crimes.
               iv)    Chapter 752 of the Statutes of 2014 (Senate Bill  
                 1159 of the 2013-14 Regular Sessions).  SB 1159 prohibits  
                 licensing boards under the DCA from denying licensure to  
                 an applicant based on his or her citizenship or  
                 immigration status, and requires a licensing board and  
                 the State Bar to require, by January 1, 2016, that an  
                 applicant for licensure provide his or her individual  
                 taxpayer identification number or a Social Security  
                 Number for an initial or renewal license.
             f)   Creating neighborhood based connections between new  
               Americans and their communities through civic engagement  
               and other opportunities.
             g)   Marshaling resources to fund these efforts. 

          3)Makes various legislative findings pertaining to the immigrant  
            population in California. 

          Background

          Purpose of the bill:  According to the author while five states  
          and two California cities have created offices of immigrant  
          affairs, there is still a lack of a statewide office to  
          coordinate and advise on immigrant integration policies in the  
          state of California. 

          The author further argues that while programs in Los Angeles and  
          Santa Clara provide some assistance to new American immigrants,  
          there is much more the state can do to modernize and streamline  
          programs, and support regions with limited resources that will  
          be ready to help implement administrative relief for the  
          estimated 1 million Californians that are eligible under the  
          federal deferred action programs.









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          The author states that SB 10 will ensure California is ready to  
          implement administrative relief and immigrant integration  
          policies. 

          New Americans in California:  According to the Public Policy  
          Institute in California (PPIC), California is home to more than  
          10 million immigrants, which accounts to roughly 25% of the  
          foreign born population nationwide.  Foreign born residents  
          represented more than 30% of the population of seven California  
          Counties: Santa Clara, San Francisco, Los Angeles, San Mateo,  
          Imperial, Alameda, and Orange.  The PPIC estimates that half of  
          the children in California have at least one immigrant parent.  

          According to the PPIC the vast majority, roughly 53%, of  
          California's immigrant population were born in Latin America and  
          37% were born in Asia.  While California has sizable populations  
          of immigrants from dozens of countries; Mexico has by far the  
          most with an estimated 4.3 million immigrants, followed by the  
          Philippines at 812,000 and China with 760,700 immigrants.   
          However, more than 53% of those arriving in California between  
          2007 and 2011 were born in Asia and only 31% came from Latin  
          America.

          In a May 2013 report titled "Immigrants in California," the PPIC  
          found that California's foreign-born residents are more likely  
          to be in the civilian labor force than U.S. born residents.  The  
          report found that in 2011, 66% of immigrants were in the labor  
          force, compared to 62% of the US born population.  However, the  
          report also found that the median income for households with  
          foreign-born householders was roughly 21% lower than that for  
          households with U.S. born householders.  Finally, the report  
          found that foreign born residents are more likely than the U.S.  
          born population to live in poverty. 

          Of the 10 million immigrants in California, roughly 47% are  
          naturalized U.S. citizens, and another 26% have some other legal  
          status including green cards and visas.  The Department of  
          Homeland Security estimates that roughly 27% of immigrants in  
          California are undocumented.

          While the exact number of undocumented immigrants is impossible  
          to determine because they are not directly identified in  
          censuses or national surveys, most experts agree that there are  
          approximately 2.6 million undocumented immigrants living in  
          California.  This represents almost a quarter (23%) of the  








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          nation's undocumented immigrants; by contrast, the state's share  
          of the nation's overall population is roughly about 13%.  

           While 23% is significant, the overall share of undocumented  
          immigrants in California has dramatically decreased.  As a  
          reference, in the 1980s, almost half of the nations undocumented  
          immigrants lived in California.

          Unlike some states where undocumented immigrants are found only  
          in a few large urban centers, immigrants  both legal and  
          undocumented  in California are found in all of California's  
          large urban areas and in most rural areas.  Los Angeles County  
          has the highest number of undocumented immigrants (900,000) of  
          any county in the state, followed by Orange County (300,000),  
          San Diego County (180,000) and Santa Clara County (170,000).  In  
          total however, 12 of California's counties have more than 50,000  
          undocumented immigrants.

          Roughly 10% of California workers are undocumented immigrants,  
          approximately 1.85 million, compared to about 5% nationwide.   
          Undocumented immigrants work disproportionately in the farming,  
          construction, production, services, and transportation  
          industries

          Undocumented Immigrant's Tax Contributions:  An April 2015  
          report by the Institute of Taxation and Economic Policy titled  
          "Undocumented Immigrants' State & Local Tax Contributions,"  
          found that undocumented immigrants contribute significantly to  
          state and local taxes.  The report found that the 11.4 million  
          undocumented immigrants living in the United States collectively  
          paid an estimated $11.84 billion in 2012 in state and local  
          taxes. 

          In California, undocumented immigrants paid more than $3.2  
          billion in state and local taxes.  Furthermore the report found  
          that undocumented immigrants' nationwide average effective state  
          and local tax rate, the share of income they pay in state and  
          local taxes, in 2012 is an estimated 8 percent.  

          According to the report, if the federal government granted  
          lawful permanent residence to all 11.4 million undocumented  
          immigrants and allowed them to work in the United States  
          legally, this would increase their state and local tax  
          contributions by an estimated $2.2 billion a year. 









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          Federal Deferred Action:  On November 20, 2014, President Obama  
          announced the Deferred Action for Parents for Americans and  
          Lawful Permanent Residents (DAPA), which authorizes undocumented  
          immigrants who have lived in the United States since 2010 and  
          have children who are American citizens or lawful permanent  
          residents to apply for temporary reprieve from deportation and a  
          three year, renewable work permit.   The program will be  
          administered on a case-by-case basis for individuals that meet  
          specific guidelines, including a thorough background check. 

          President Obama also announced an expansion of the Deferred  
          Action for Childhood Arrivals (DACA) program for youth who came  
          to the United States as children. When initially announced in  
          2012, DACA allowed certain undocumented immigrants who entered  
          the country before their 16th birthday and before June 2007 to  
          receive a renewable two-year work permit and exemption from  
          deportation. 

          The expansion announced in November of 2014 expanded DACA to  
          include undocumented immigrants who entered before 2010,  
          eliminate the requirement that applicants be younger than 31  
          years old, and lengthen the renewable deferral period to three  
          years.  The Pew Research Center estimated that this would  
          increase the number of eligible individuals by about 330,000.

          According to the Department of Homeland Security, these two  
          programs are expected to help out 4.4 million people in the  
          United States and an estimated 1 million undocumented immigrants  
          in California.

          Currently, the U.S. Citizenship and Immigration Services (USCIS)  
          is not accepting applications for the expanded DACA and the  
          DAPA.  A federal district court in Texas has issued an order  
          that temporarily blocks DAPA and the expanded DACA from being  
          implemented.   However, USCIS continues to accept renewal  
          applications or initial applications from people who qualify  
          under the initial DACA announcement in 2012. 

          Prior/Related Legislation

          SB 1159 (Lara), Chapter 752, Statutes of 2014.  The bill  
          prohibited licensing boards under the DCA from denying licensure  
          to an applicant based on his or her citizenship or immigration  
          status, and required a licensing board and the State Bar to  
          require, by January 1, 2016, that an applicant for licensure  








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          provide his or her individual taxpayer identification number or  
          a Social Security Number for an initial or renewal license. 

          AB 4 (Ammiano), Chapter 570, Statutes of 2013.   The bill  
          prohibited a law enforcement official form detaining an  
          individual on the basis of a United States Immigration and  
          Customs Enforcement hold after that individual becomes eligible  
          for release, unless the individual has been convicted of  
          specified crimes.

          AB 60 (Alejo), Chapter 524, Statutes of 2013.  The bill required  
          the Department of Motor Vehicles (DMV) to issue driver's  
          licenses to persons who are ineligible for a Social Security  
          Number if additional documentation is provided, as specified.

          AB 131 (Cedillo), Chapter 604, Statutes of 2011.   The bill  
          established the California Dream Act, expanding eligibility for  
          financial aid, beginning January 1, 2013, to students who  
          qualify for the existing exemption from non-resident tuition. 

          AB 130 (Cedillo), Chapter 93, Statutes of 2011.  The bill  
          required, beginning January 1, 2012, that AB 540 students  
          attending the California State University, the California  
          Community Colleges, or the University of California be eligible  
          to receive a scholarship derived from non-state funds at the  
          segment where the student is enrolled.

          AB 2060 (De La Torre) Chapter 515, Statutes of 2006.  The bill  
          established the Naturalization Services Program (NSP) within the  
          Department of Community Services and Development.  The NSP was  
          established to provide funding to community-based organizations  
          to assist legal permanent residents in obtaining citizenship.

          AB 540 (Firebaugh), Chapter 814, Statutes of 2001.   The bill  
          authorized undocumented students who meet specified high school  
          enrollment requirements to pay instate tuition at public  
          colleges and universities.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


            SUPPORT:  

          Coalition for Humane Immigrant Rights of Los Angeles








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          Silicon Valley Community Foundation

          OPPOSITION:

          We the People Rising
          The Remembrance Project

          ARGUMENTS IN SUPPORT:    The Coalition of Humane Immigrant  
          Rights of Los Angeles (CHIRLA) states that, "California is home  
          to the biggest population of immigrants and while our state has  
          enacted landmark legislation to support immigrants in our state,  
          it has not created a comprehensive approach to ensure that  
          immigrant populations are part of the civic and economic life in  
          our state.  CHIRLA further argues that in light of the recent  
          actions by President Obama to provide immigration relief to more  
          than 5  million undocumented families, with 1.6 million of those  
          families residing in the Golden State, it is prudent that the  
          State is prepared to assist immigrants who would be eligible for  
          potential legalization programs." 
          
          ARGUMENTS IN OPPOSITION:    We the People Rising writes in  
          opposition to the bill claiming that the bill provides for  
          offices that will exclude Californians not classified as "New  
          Americans" from government provided services. They further argue  
          that passage of the bill would be discrimination that unfairly  
          targets California citizens who are not classified with the "New  
          American" status.