BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 10| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 10 Page 2 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 SB 10 Page 3 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. SB 10 Page 4 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, SB 10 Page 5 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 SB 10 Page 6 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 SB 10 Page 7 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. SB 10 Page 8 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. SB 10 Page 9 Prepared by:Felipe Lopez / G.O. / (916) 651-1530 6/2/15 21:34:59 **** END ****