BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                         SR 89|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                    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.








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          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  








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            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)








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          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


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