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