BILL ANALYSIS Ó
SJR 2
Page 1
SENATE THIRD READING
SJR
2 (Vidak)
As Amended March 19, 2015
Majority vote
SENATE VOTE: 31-0
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|Committee |Votes |Ayes |Noes |
|----------------+------+--------------------+--------------------|
|Judiciary |9-1 |Mark Stone, Wagner, |Gallagher |
| | |Alejo, Chau, Chiu, | |
| | |Cristina Garcia, | |
| | |Holden, | |
| | |Maienschein, | |
| | |O'Donnell | |
| | | | |
| | | | |
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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 improve 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
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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our outdated, inefficient, and slow-moving immigration system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 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outdated immigration policies are making it difficult for our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
University of California, Los Angeles researchers, legalizing
the status of undocumented immigrants working and living in the
United States will create approximately $1.5 trillion in
additional gross domestic product growth over the next 10 years
and increase wages for all workers.
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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 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
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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.
FISCAL EFFECT: None
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. 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
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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 (Schumer), 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 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 United States on or before
December 31, 2011; 2) have been continuously present in the United
States 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 in and out of the United States, and also would
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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.
This measure is substantially similar to several resolutions that
were previously approved by the Legislature with bipartisan
support, including: SJR 8 (Correa), Resolution Chapter 102,
Statutes of 2013; AJR 3 (Alejo), Resolution Chapter 77, Statutes
of 2013; and AJR 37 (De León), Resolution Chapter 62, Statutes of
2010.
Analysis Prepared by:
Anthony Lew / JUD. / (916) 319-2334 FN: 0000062