BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AJR 25|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AJR 25
          Author:   Furutani (D), et al
          Amended:  5/24/10 in Assembly
          Vote:     21

           
           WITHOUT REFERENCE TO COMMITTEE OR FILE

          ASSEMBLY FLOOR  : 70-0, 05/24/10 - See last page for vote


           SUBJECT  :    Filipino veterans:  family reunification

           SOURCE  :     Author


           DIGEST  :    This resolution requests the United States  
          Congress to pass, and the President to sign, the Filipino  
          Veterans Reunification Act, legislation that would exempt  
          the children of certain Filipino World War II veterans from  
          numerical limitations on immigrant visas.

           ANALYSIS  :    

          This resolution:

          1. States that Filipinos honorably served in the United  
             States (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  
                                                           CONTINUED





                                                                AJR 25
                                                                Page  
          2

             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 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

           Comments
           
          According to the Assembly Third Reading analysis:

            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  







                                                                AJR 25
                                                                Page  
          3

            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 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  







                                                                AJR 25
                                                                Page  
          4

            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.

           FISCAL EFFECT  :    Fiscal Com.:  No

           SUPPORT  :   (Verified  8/2/10)

          American Legion, Department of California
          Asian Law Caucus
          California Immigrant Policy Center
          Filipina Women's Network
          Filipino American Development Foundation
          Filipino Community of Sacramento & Vicinity
          Vietnam Veterans of America, California State Council


          ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,  
            Hill, Huber, Huffman, Jeffries, Jones, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nestande,  







                                                                AJR 25
                                                                Page  
          5

            Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Silva, Skinner, Smyth, Solorio, Audra Strickland,  
            Swanson, Torlakson, Torres, Torrico, Tran, Yamada, John  
            A. Perez
          NO VOTE RECORDED:  Bass, Evans, Hall, Hernandez, Knight,  
            Nava, Norby, Saldana, Villines, Vacancy


          TSM:do  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****