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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