BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 10|
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THIRD READING
Bill No: SB 10
Author: Lara (D)
Amended: 6/2/15
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 7-0, 4/28/15
AYES: Hall, Galgiani, Hernandez, Hill, Hueso, Lara, McGuire
NO VOTE RECORDED: Berryhill, Block, Gaines, Vidak
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
SUBJECT: Immigration: Governors Office of New
AmericansImmigration: Governors Office of New
Americans.
SOURCE: Author
DIGEST: This bill establishes the Office of New Americans
(ONA) in the Governors 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
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permanent residents in obtaining citizenship.
2)Specifies that the Naturalization Services Program shall be
implemented to the extent that funds are appropriated by the
annual Budget Act.
3)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.
This bill:
1)Establishes the ONA in the Governor's office.
2)Requires the Governor to appoint a director to administer the
ONA.
3)Specifies that the duties of the ONA shall include, but are
not limited to, all of the following:
a) Develop a comprehensive statewide assessment of
integration programs, services, and funding that serve
immigrants, regardless of status. The assessment shall
include, but is not limited to, an evaluation of all of the
following:
i) Federal, state, and local laws and regulations
that create programs or authorize the access of
participation of immigrants, regardless of legal
status.
ii) Programs and services currently managed by a
state agency or department, local governmental agency,
including local offices of immigrant affairs and
nonprofit organizations to support California immigrant
integration.
b) Report, on or before July 1, 2016, the findings of the
assessment and a statewide strategic plan for integration
of California's new Americans to the Governor and
Legislature, including a strategy for monitoring and
coordinating implementation of immigrant integration policy
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and programs. The plan shall include, but not be limited to
all of the following:
i) The steps necessary for, and the feasibility of,
interoffice and interagency coordination of programs,
services, and resources.
ii) Recommendations for shifting or consolidating
programs and services, if any.
iii) Recommendations for tracking implementation of
federal, state, and local immigrant integration laws,
programs, and services, including policy
recommendations, if any.
iv) Recommendations for the coordination of
outreach, education, and fraud prevention services by
other public agencies and private organizations to
ensure that the new American population has accurate
information relating to eligibility requirements with
regard to presidential executive action, comprehensive
immigration reform (CIR), federal Deferred Action for
Childhood Arrivals (DACA), federal Deferred Action for
Parental Accountability (DAPA), programs for
unaccompanied minors, and other policies, and where to
obtain reputable application assistance and legal
services.
c) Specifies that the requirement for submitting the report
imposed by this bill shall become inoperative on January 1,
2020.
d) Specifies that on or after July 1, 2016, develop an
online clearinghouse of immigrant integration information,
including services, resources, and programs.
e) Monitor the implementation of state laws and
regulations, including, but not limited to, all of the
following:
i) DACA, DAPA, and any other presidential executive
action on immigration reform or comprehensive
immigration reform.
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ii) Unaccompanied Minors Program.
iii) Chapter 524 of the Statutes of 2013 (AB 60,
Alejo, of the 2013-14 Regular Session). AB 60 required
the DMV to issue driver's licenses to persons who are
ineligible for a Social Security Number if additional
documentation is provided, as specified.
iv) 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 prohibited
a law enforcement official 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.
v) Chapter 752 of the Statutes of 2014 (SB 1159,
Lara, of the 2013-14 Regular Session). SB 1159
prohibited licensing boards under the Department of
Consumers Affairs from denying licensure to an
applicant based on his or her citizenship or
immigration status.
vi) Chapter 814 of the Statutes of 2001 (AB 540,
Firebaugh, of the 2001-02 Regular Session). AB 540
authorized undocumented students who meet specified
high school enrollment requirements to pay instate
tuition at public colleges and universities.
vii) Chapter 93 and 604 of the Statutes of 2011 (AB
130, Cedillo, and AB 131, Cedillo, of the 2011-12
Regular Session), commonly referred to as the Dream
Act. AB 130 required 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 131 established the California Dream
Act, expanding eligibility for financial aid to
students who qualify for the existing exemption from
non-resident tuition.
viii) Chapter 754 of the Statutes of 2014 (SB 1210,
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Lara, of the 2013-14 Regular Session), commonly
referred to as the DREAM Loan. SB 1210 established the
California Dream Loan Program for purposes of extending
loans to students who meet the requirements established
by AB 540.
f) Create neighborhoods-based connections between new
Americans and their communities through civic engagement
and other opportunities.
g) Marshal resources to fund these efforts.
4)Creates the Office of New Americans Fund within the State
Treasury. Moneys in the fund shall be used to pay the cost of
establishing the office, and any other purpose authorized by
the provisions of the bill.
5)Specifies that the Office of New Americans Fund may be funded
by both private and public funds. Cash donations received
shall be deposited into the fund and shall be made available
upon appropriation by the Legislature.
6)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 one million Californians
that are eligible under the federal deferred action programs.
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
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Counties: Santa Clara, San Francisco, Los Angeles, San Mateo,
Imperial, Alameda, and Orange.
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
nation's undocumented immigrants; by contrast, the state's share
of the nation's overall population is roughly about 13%.
Federal Deferred Action: On November 20, 2014, President Obama
announced 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.
President Obama also announced an expansion of the 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
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under the initial DACA announcement in 2012.
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.
Prior/Related Legislation
AB 1210 (Lara, Chapter 754, Statutes of 2014) established the
California Dream Loan Program for purposes of extending loans to
students who meet the requirements established by AB 540.
AB 60 (Alejo, Chapter 524, Statutes of 2013) 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) 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) 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 540 (Firebaugh, Chapter 814, Statutes of 2001) authorized
undocumented students who meet specified high school enrollment
requirements to pay instate tuition at public colleges and
universities.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
According to the Senate Appropriations Committee, general fund
costs of at least $350,000 annually to perform administrative
functions related to the ONA. These costs may increase to the
extent funds are appropriated in the future for local assistance
outreach activities. Future General Fund pressure, potentially
in the millions annually, to the extent the ONA identifies needs
for local assistance and private or other public funding is
insufficient to support those needs.
SUPPORT: (Verified 6/1/15)
California Immigrant Policy Center
Coalition for Humane Immigrant Rights of Los Angeles
Silicon Valley Community Foundation
OPPOSITION: (Verified 6/1/15)
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.
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Prepared by:Felipe Lopez / G.O. / (916) 651-1530
6/2/15 21:34:59
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