BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AJR 25
                                                                  Page  1


          ASSEMBLY THIRD READING
          AJR 25 (Furutani)
          As Amended February 23, 2010
          Majority vote 

           JUDICIARY           9-0                                         
           
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          |Ayes:|Feuer, Tran, Brownley,    |     |                          |
          |     |Evans, Hagman, Jones,     |     |                          |
          |     |Knight, Lieu, Monning     |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Requests the United States (U.S.) Congress to pass,  
          and the President to sign, the Filipino Veterans Reunification  
          Act (FVRA), legislation that would exempt the children of  
          certain Filipino World War II veterans from numerical  
          limitations on immigrant visas.  Specifically,  this resolution  :   
           

          1)States that Filipinos honorably served in the U.S. Armed  
            Forces and aided the United States during World War II.

          2)States that the Supplemental Surplus Appropriations Rescission  
            Act of 1946 denied the service of Filipino veterans in the  
            U.S. Armed Forces, and that it was not until the American  
            Recovery and Reinvestment Act of 2009 that the service of  
            Filipino World War II veterans was officially recognized, for  
            the first time, as active military service in the U.S. Armed  
            Forces.

          3)States that the Immigration and Naturalization Act of 1990  
            offered Filipino World War II veterans who had not been  
            naturalized pursuant to the Nationality Act of 1940 the  
            opportunity to obtain U.S. citizenship, despite those veterans  
            remaining ineligible for most benefits provided by the U.S.  
            Department of Veterans Affairs.

          4)Asserts that many Filipino World War II veterans, now age 80  
            or older, filed for visa petitions for their children shortly  
            after passage of the 1990 Act, but continue to wait to be  
            reunited with their children, who languish on the visa waiting  
            list because our current immigration policies limit the chance  








                                                                  AJR 25
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            for these families to reunite.

          5)Memorializes the Legislature to join the U.S. Congress in  
            acknowledging the service of Filipino World War II veterans by  
            recognizing that they should be reunited with their children  
            during their golden years.

          6)Memorializes the Legislature to request the U.S. Congress to  
            pass, and the President to sign, S. 1337 and H.R. 2412, which  
            would exempt the children of certain Filipino World War II  
            veterans from the numerical limitations on immigrant visas,  
            thus allowing for family reunification.

           FISCAL EFFECT  :  None
           
          COMMENTS  :  Over 60 years after the end of World War II, most  
          surviving Filipino veterans are now in their eighties and  
          nineties.  According to the author, many of these veterans have  
          been waiting, in some cases over a decade, for the U.S.  
          government to approve immigrant visa petitions that would allow  
          their children still living in the Philippines to join them in  
          this country-children whose care and support many of these  
          veterans now need in their old age.  The author attributes this  
          immigration backlog to the strict numerical limitations on  
          immigrant visas that may be issued to the children of Filipino  
          veterans under existing immigration law.  Therefore, in order to  
          further recognize the service of these veterans and to promote  
          reunification of their families, this measure seeks to have the  
          Legislature request the U.S. Congress to pass, and the President  
          to sign, the Filipino Veterans Reunification Act (S. 1337 and  
          H.R. 2412), legislation introduced in Congress last year that  
          would exempt the children of certain Filipino World War II  
          veterans from these numerical limitations on immigrant visas.  

          Unfortunately, the valuable support provided by Filipino  
          soldiers in service to the U.S. military during World War II has  
          gone largely unrecognized by the American public in the decades  
          since the war.  This may be in large part due to the U.S.  
          government's own failure to recognize the active military  
          service of these Filipino WWII veterans, as exemplified by  
          passage of the Rescission Acts of 1946, in which Congress  
          authorized an appropriation to the Commonwealth Army of the  
          Philippines on the condition that its members' service was not  
          deemed part of the active military service of the United States  








                                                                  AJR 25
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          Armed Forces.  By making this designation, the Rescission Acts  
          had the effect of withdrawing the U.S. government's promise to  
          provide full veterans' benefits to Filipino soldiers who fought  
          on behalf of the U.S. during WWII.  The rescission of that  
          promise has been described by Congressman Mike Honda (D-CA) as  
          one of that body's "least decorous acts."  ("Veterans and Their  
          Families Deserve Justice and Honesty," San Jose Mercury News,  
          November 10, 2006.)

          Over four decades after the end of World War II, Congress passed  
          the Immigration and Nationality Act of 1990, which provided  
          approximately 24,000 Filipino World War II veterans, then in  
          their 70s and 80s, the opportunity to obtain United States  
          citizenship.  According to the author, between 1990 and 1995,  
          many Filipino World War II veterans left their families behind  
          in the Philippines to come to the United States to be  
          naturalized and establish residence in this country.  However,  
          naturalized Filipino veterans who filed visa petitions for their  
          children back home still await their arrival fifteen to twenty  
          years later, due to the immigration backlog created by numerical  
          limits capping the number of family-sponsored visas that can be  
          issued under Chapter 12 of Title 8 of the United States Code.

          H.R. 2412 exempts the children of Filipino veterans naturalized  
          pursuant to the 1990 Act from the numerical limitations on  
          immigrant visas.  Rep. Mazie Hirono (D-Hawaii) sponsored H.R.  
          2412 in Congress last May, with a companion bill, S. 1337  
          sponsored by Sen. Daniel Akaka (D-Hawaii), now pending in the  
          U.S. Senate.  This resolution would request Congress to pass,  
          and the President to sign, the Filipino Veterans Reunification  
          Act to resolve this situation rooted in almost 70 years of  
          history.

           
          Analysis Prepared by  :    Anthony Lew / JUD. / (916) 319-2334 


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