BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SJR  
          2 (Vidak)


          As Amended  March 19, 2015


          Majority vote


          SENATE VOTE:  31-0


           ----------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                |
          |----------------+------+--------------------+--------------------|
          |Judiciary       |9-1   |Mark Stone, Wagner, |Gallagher           |
          |                |      |Alejo, Chau, Chiu,  |                    |
          |                |      |Cristina Garcia,    |                    |
          |                |      |Holden,             |                    |
          |                |      |Maienschein,        |                    |
          |                |      |O'Donnell           |                    |
          |                |      |                    |                    |
          |                |      |                    |                    |
           ----------------------------------------------------------------- 


          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