BILL ANALYSIS Ó
SJR 2
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Date of Hearing: March 17, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SJR
2 (Vidak) - As Introduced December 9, 2014
As Proposed to be Amended
SENATE VOTE: 31-0
SUBJECT: IMMIGRATION
KEY ISSUE: SHOULD THE LEGISLATURE URGE CONGRESS AND THE
PRESIDENT TO WORK TOGETHER AND CREATE A COMPREHENSIVE AND
WORKABLE APPROACH TO IMPROVING THE NATION'S IMMIGRATION SYSTEM?
SYNOPSIS
Consistent with prior measures on the issue, this resolution
urges Congress and the President to work together and create a
comprehensive and workable approach to improving the nation's
immigration system, making certain findings regarding the number
and economic importance of immigrants in a nation founded by
immigrants, and the problems presented by the current federal
immigration system. The author and supporters contend that
immigrants constitute a vital and productive part of our state's
economy, and that comprehensive immigration reform should
include a reasonable and timely path to citizenship for
undocumented immigrants living and working in the United States.
This measure passed unanimously in the Senate and has no known
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opposition.
SUMMARY: Makes certain findings regarding immigrants and the
nation's immigration system, and urges Congress and the
President of the United States to work together to create a
comprehensive and workable approach to improving the nation's
immigration system. Specifically, this measure, among other
things:
1)Declares that the United States of America was founded by
immigrants who came from around the world seeking a better
life.
2)Finds that there are an estimated 11 million undocumented
immigrants living in the United States who are suffering from
our dysfunctional immigration policy, including millions of
children brought to this country undocumented who have grown
up here and call the United States home.
3)Finds that a logical and streamlined path to citizenship for
individuals after they gain legal status would stimulate the
economy by allowing them to get college degrees and driver's
licenses, buy homes, start new companies, and create legal,
tax-paying jobs, affording them a chance at the American
Dream.
4)Finds that the United States Congress last enacted major
immigration legislation more than 25 years ago, and since that
time, fragmented attempts at immigration reform have failed to
create rational and effective systems needed to maintain
international competitiveness, and that immigration policy
must be designed to respond to emerging labor needs in all
sectors of the United States economy.
5)Finds that our national interests and security are not served
by our outdated, inefficient, and slow-moving immigration
system and that patchwork attempts to mend its deficiencies
undermine our potential for prosperity and leave us vulnerable
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and unable to meet the needs of the modern world.
6)Finds that labor mobility is crucial to our country's economic
prosperity and recovery from economic crisis, yet our rigid,
outdated immigration policies are making it difficult for our
companies and our nation to compete. Finds that, according to
UCLA researchers, legalizing the status of undocumented
immigrants working and living in the United States will create
around $1.5 trillion in additional gross domestic product
growth over the next 10 years and increase wages for all
workers.
7)Declares that comprehensive immigration reform should include
a reasonable and timely path to citizenship for undocumented
immigrants living and working in the United States already,
and should also include comprehensive background checks of
these individuals, require them to demonstrate proficiency in
English, and pay all current and back taxes owed.
8)Declares that comprehensive immigration reform should have the
flexibility to respond to emerging business trends, and that
for economic, social, health, security, and prosperity
reasons, California must support policies that allow
individuals to become legal and enfranchised participants in
our society and economy.
9)Finds that increased enforcement has given the federal
government the ability to prioritize the deportation of
lawbreakers and dangerous individuals and to ensure our
border's security. Nevertheless, this enforcement should not
be done in an inhumane way, but should continue to focus on
criminals, not on hardworking immigrant families, and not at
the expense of efficient trade with two of our top three
economic partners.
10)Finds that the United States loses large numbers of
necessary, highly skilled workers due to the lengthy and
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complicated processes currently in place to get or keep a
legal residency option; and immigration reform should also
include an expedited process for those residing abroad and
applying for legal visas. Finds that immigration reform
should offer permanent residency opportunities to
international students in American universities who are highly
trained and in high demand, and in so doing, avoid an
intellectual vacuum after their graduation.
11)Finds that immigration reform should recognize the societal
and cultural benefits of keeping the family unit intact and
take into account special circumstances surrounding candidates
for probationary legal status, such as those of minors brought
to the country as children or workers whose labor is essential
to maintain our country's competitiveness.
12)Resolves that the Senate and the Assembly of the State of
California, jointly, urge the President and the Congress of
the United States to work together and create a comprehensive
and workable approach to solving our nation's historically
broken immigration system, using the principles described in
this resolution.
EXISTING LAW provides for the regulation of immigration
exclusively by the federal government. (E.g., LULAC v. Wilson,
908 F. Supp. 755, 786-87 (C.D. Cal. 1995).)
FISCAL EFFECT: As currently in print this measure is keyed
non-fiscal.
COMMENTS: This resolution specifies principles for repairing
the nation's historically broken immigration system, and urges
Congress and the President of the United States to take a
comprehensive and workable approach to improving the nation's
immigration system using those principles.
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According to the author:
With a large number of undocumented immigrants living
in our state, there is a need for federal action to
reform our broken immigration system. Our current
immigration system has not seen any major changes for
over 25 years. Our national interests and security are
not served by an outdated, inefficient, and
slow-moving immigration system. Patchwork attempts to
mend its deficiencies have not solved the major
problems that can only be addressed by a major
overhaul.
Current estimates suggest that there are 11 million
undocumented immigrants living in the United States,
including children who call this nation their home. A
large number of these immigrants have been living in
California for years and many have family members who
are already citizens of the United States. A study by
the University of California, Los Angeles, showed that
reforming our immigration system and providing a
pathway to citizenship would increase the state's
gross domestic product growth by $1.5 trillion over
the next 10 years.
Similar resolutions on this subject have been
deliberated and approved by the California Legislature
in years past. With a new Congress being seated in
January 2015 it is important that the Legislature call
on the Congress and the President to work together on
immigration reform.
Background on S. 744, recent immigration reform legislation. On
June 27, 2013, the United States Senate passed S. 744, known as
the Border Security, Economic Opportunity, and Immigration
Modernization Act of 2013. This historic legislation-approved
by a bipartisan 68-32 vote in the Senate-proposed to make
sweeping changes to federal immigration law. Among other
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things, the bill would have created a pathway to citizenship for
many immigrants who do not have legal immigration status. These
immigrants would have been able to apply for registered
provisional immigrant (RPI) status provided that they: (1) have
been physically present in the U.S. on or before December 31,
2011; (2) have been continuously present in the U.S. from
December 21, 2011 until the date of application for RPI status;
(3) have settled any assessed federal tax liability; (4) have
not been convicted of certain crimes; and (5) have not been a
lawful permanent resident, asylee, refugee, or in lawful
nonimmigrant status (with some exceptions) on April 16, 2013.
(National Immigration Law Center (July 2013) at
http://nilc.org/irsenateS744faq.html .) Under the act,
individuals admitted to RPI status could have obtained a work
permit and be allowed to travel outside the U.S. and return, and
also would have been eligible to apply for lawful permanent
resident status after another 10 years.
Although approved by the Senate, S. 744 was never passed by the
House of Representatives and died in the 113th Congress without
reaching the President's desk. However, the bipartisan
cooperation that occurred in the Senate in order to pass this
ambitious reform bill was an encouraging sign to many observers
that comprehensive immigration reform is achievable when the
parties work together. Thus, it is the author's intent with
this resolution to continue to urge federal lawmakers and the
President to work together on a comprehensive and workable
approach to improving the nation's immigration system.
Author's Amendments: The author proposes to make a technical
amendment and to add a number of co-authors to the measure. The
amendments are:
On page 1, add the following co-authors: Assemblymembers
Alejo, Dahle, Chavez, Maienschein, Olsen, and Steinorth, and
Senator Jeff Stone.
On page 2, line 26, strike "A study done" and replace with
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"Another study"
ARGUMENTS IN SUPPORT: AFSCME writes in support of the bill:
"California is home to the largest population of immigrants in
all the United States, and they are some of the most essential
members of our society. They work to make California the global
powerhouse that it is, and we need to honor them for their work
and their sacrifices. . . AFSCME stands in solidarity with the
California Legislature in full support of SJR 2."
Previous Related Legislation: SJR 8 (Correa), Res. Chapter 102,
Stats. 2013, specified principles for repairing the nation's
broken immigration system and urged Congress and the President
to take a comprehensive and workable approach to improving the
nation's immigration system using those principles.
AJR 3 (Alejo), Res. Chapter 77, Stats. 2013, specified goals for
the reform of the nation's immigration system, and urged
Congress and the President to take a humane and just approach to
solving the nation's broken immigration system.
AJR 37 (De Leon), Res. Chapter 62, Stats. 2010, specified
principles for repairing the nation's broken immigration system
and urged Congress and the President to take a comprehensive and
workable approach to improving the nation's immigration system
using those principles.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees
(AFSCME)
California Communities United Institute
Western Growers Association
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Opposition
None on file
Analysis Prepared
by: Anthony Lew/JUD./(916) 319-2334