BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SR 89| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SR 89 Author: Lara (D) Introduced:8/30/16 Vote: Majority SUBJECT: Immigrant children SOURCE: Author DIGEST: This resolution urges the federal government to take action to remedy this injury to the State of California, through appropriate measures within the United States Department of Justice, the United States Department of Homeland Security, and the Office of Refugee Resettlement, and ensure that immigrant children are afforded due process under the law when they are fighting to remain in the United States of America, by providing government-funded attorneys, trained in immigration law, to all indigent children fighting deportation and seeking an immigration remedy. This resolution urges the federal government to rearrange its dockets to first hear the cases of children who have legal representation and to immediately halt cases it is pursuing against unrepresented immigrant children until lawyers are made available to represent them. ANALYSIS: This resolution makes the following legislative findings: 1)The Fifth Amendment to the United States Constitution provides that a person shall not be deprived of life, liberty, or property without due process of law, thereby ensuring that he or she will receive a fundamentally fair, orderly, and just judicial proceeding before being deprived of his or her freedom. SR 89 Page 2 2)Due process cannot be guaranteed in an adversarial immigration removal proceeding without legal representation. 3)Article 14 of the Universal Declaration of Human Rights, adopted in 1948, states that "Everyone has the right to seek and to enjoy in other countries asylum from persecution." Accordingly, children escaping from violence in other countries, whether unaccompanied or accompanied by a parent, are not "illegal" when they come to the United States in search of asylum. 4)It is our nation's legal and moral obligation to open our arms to children who fear harm in their country of origin and to foreign-born children in the United States who cannot be reunified with one or both parents due to abuse, neglect, or abandonment and who are therefore eligible for Special Immigrant Juvenile Status or any other immigration remedy. 5)Respect for due process requires that all indigent children seeking asylum, Special Immigrant Juvenile Status, or other immigration remedies in defense of deportation be afforded government-funded competent immigration counsel. 6)The federal government is denying indigent immigrant children in California their rights to a fair trial under the Fifth Amendment to the United States Constitution because the federal government does not provide these children with legal representation in immigration court. These children therefore face the threat of deportation to violent and dangerous conditions where they may face persecution, violence, or even death. 7)There are currently over 13,800 children in California who are not represented by legal counsel in immigration court; and California has a duty to protect the welfare of children SR 89 Page 3 within our state, including immigrant children. 8)California values immigrant children and has made this clear through legislative enactments, including AB 540 (2001), AB 130 and AB 131 (2011), commonly referred to as the California Dream Act, SB 1064 (2012), SB 873 (2014), commonly referred to as the Unaccompanied Minors Program, SB 1210 (2014), commonly referred to as the California DREAM Loan Program, and SB 4 and SB 75 (2015), commonly referred to as the Health4All Kids Act. 9)California has a strong interest in ensuring that the children living in this state are not unfairly deported. Schools are disrupted when children are pulled from classes, communities are thrown into disorder when families are torn apart, the health and welfare of these children are put at risk, and the state is denied the potential societal and economic contributions of these children. This resolution urges the federal government to take action to remedy this injury to the State of California, through appropriate measures within the United States Department of Justice, the United States Department of Homeland Security, and the Office of Refugee Resettlement, and ensure that immigrant children are afforded due process under the law when they are fighting to remain in the United States of America, by providing government-funded attorneys, trained in immigration law, to all indigent children fighting deportation and seeking an immigration remedy. This resolution urges the federal government to rearrange its dockets to first hear the cases of children who have legal representation and to immediately halt cases it is pursuing against unrepresented immigrant children until lawyers are made available to represent them. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Unable to verify at time of writing) SR 89 Page 4 None received OPPOSITION: (Unable to verify at time of writing) None received Prepared by: Karen Chow / SFA / (916) 651-1520 8/31/16 13:37:17 **** END ****