BILL ANALYSIS
AJR 37
Page 1
Date of Hearing: March 16, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AJR 37 (De Leon) - As Amended: March 11, 2010
SUBJECT : IMMIGRATION
KEY ISSUE : SHOULD THE LEGISLATURE URGE CONGRESS AND THE
PRESIDENT TO TAKE A COMPREHENSIVE AND WORKABLE APPROACH TO
IMPROVING THE NATION'S IMMIGRATION SYSTEM?
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
SYNOPSIS
Consistently with prior measures on the issue, this resolution
urges Congress and the President of the United States to take a
comprehensive and workable approach to improving the nation's
immigration system, making certain findings regarding the number
and economic importance of immigrants in a nation founded by
immigrants, and the problems presented by the current federal
immigration system. Supporters argue that the current
immigration system is in peril and directly affecting the growth
of business in the United States and California. There is no
opposition.
SUMMARY : Makes certain findings regarding the immigrants and
the nation's 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.
Specifically, this resolution :
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 the current immigration system is broken. It
separates families, reduces the effectiveness of national
security programs, contributes to labor abuses, and creates
long backlogs for families seeking naturalization. Further, it
neglects the hard work and financial contributions immigrants
make to our country.
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3)Finds that about 11 million undocumented immigrants are in the
United States; that California has one of the biggest
populations of immigrants, both legal and undocumented; that
immigrants and their children comprise nearly one-half of
California's population and contribute to local economies; and
that approximately 77% of undocumented immigrants that reside
in California live with families members that are legal United
States residents and citizens.
4)Further finds that one in eleven workers in California is an
undocumented immigrant, and immigrants are a vibrant,
productive, and vital part of the state's growing economy,
diverse cultural fabric, and changing demographics. Immigrant
worker populations in California are concentrated in a variety
of sectors, including leisure and hospitality, construction,
food and agriculture, service, transportation, and textile
sectors. Many immigrants throughout the state have even
started their own small businesses.
5)Declares that the integration of immigrants and the
development of a comprehensive approach to solve our broken
immigration system is critical to ensure that our state
continues to have a strong economy; and that fixing our broken
immigration system would have a positive impact on the economy
because moving workers out of a vulnerable underground status
produces both short-term and long-term economic gains. Doing
so will strengthen the ability of working families to become
more productive, with higher levels of income and
job-generating consumption, and will increase their net
contributions to tax revenues.
6)Finds that fixing our broken immigration system would have a
positive impact on the economy in the short and long term, and
that recent data released by the University of California, Los
Angeles, indicates that legalizing the status of undocumented
immigrants working and living in the United States would
create roughly $1.5 trillion in additional GDP growth over 10
years and increase wages for all workers; and further finds
that a study released by the University of Southern California
estimates that the immediate and long-term effects of enacting
comprehensive immigration reform would result in a $16 billion
boost to California's economy.
7)Declares that modernizing our antiquated and dysfunctional
immigration system will uphold our nation's basic values of
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fairness, equal opportunity, and respect for the law; and that
a comprehensive approach to solve our broken immigration
system, one that works for all communities and families in
America, should include the following elements: (1) a plan for
providing legal status with a path to citizenship to
undocumented immigrants who are working and living in the
United States, which plan should include the AgJOBS Act of
2009 and DREAM Act of 2009, (2) improvement of the economic
situation of all workers in the United States, (3) the reform
of visa programs in order to keep families together, protect
workers' rights, and ensure that future immigration is
regulated and controlled rather than illegal and chaotic, (4)
the implementation of smart, effective enforcement measures
targeted at the worst violators of immigration and labor laws,
(5) prioritizing immigrant integration into our communities
and country, and (6) respect for the due process rights of
everyone in the United States.
8)Resolves that the Legislature urges the President and the
Congress of the United States to take a comprehensive and
workable approach to solving our nation's broken immigration
system, using the foregoing principles.
EXISTING LAW provides for the regulation of immigration
exclusively by the federal government. (E.g., LULAC v. Wilson,
908 F. Supp. 755, 786-87 (C.D. Cal. 1995).)
COMMENTS : The author describes the reason for the bill as
follows:
AJR 37 would urge the President of the United States and
Congress to take a comprehensive and workable approach to
solving our nation's broken immigration system by creating
a path to citizenship for the millions of immigrants
working and living in the United States.
It is estimated that there are 12 million undocumented
immigrants in the United States, with 2.7 million of those
undocumented immigrants residing in California.1 California
has one of the largest populations of immigrants, both
legal and undocumented, that make up one-fourth of the
nation's overall undocumented population. Additionally,
one in every eleven worker is an undocumented immigrant
that contributes to the state's economy. According to a
report by the University of Southern California, if
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undocumented Latino workers were granted legal status, the
state government would benefit from a gross increase of
$310 million in income taxes and the federal government
would gain $1.4 billion in paid income taxes. This,
however, is not to say that these individuals don't already
pay taxes. It is estimated that $280 million in state and
$1.4 billion in federal income taxes area already being
paid each year by California's undocumented Latinos.
In 2009, President Obama voiced his commitment to pursue
comprehensive immigration reform and take action on the
matter in 2010. Unfortunately, partisan gridlock in
Washington is threatening to stall major reforms including
overhauling our current antiquated and dysfunctional
immigration system. Congress needs to create a sensible
path to citizenship for the millions of undocumented
immigrants and create flexible legal limits on future
immigration that will uphold our nation's basic values of
fairness, equal opportunity, and respect for the law.
Comprehensive immigration reform would help lay the
foundation for robust, just and widespread economic growth.
ARGUMENTS IN SUPPORT:
The sponsor, Coalition for Humane Immigrant Rights of Los
Angeles (CHIRLA), states:
It is imperative for California to voice its support for
comprehensive immigration reform because a significant
number of its residents are undocumented and businesses in
this state are being affected by the lack of a legal
workforce.
Our current immigration system is in peril and directly
affecting the growth of business in the United States and
California. While Congress has attempted to reform our
broken immigration system, the only policies that continue
to be implemented, thus far are enforcement-only policies.
As a result, employers are trying to mitigate potential
damages to their companies by hiring lawyers, accountants
and other professionals. Furthermore, employers that in
good faith have verified the employment eligibility of
their workers, but are audited and found to have hired
unauthorized workers are faced with stiff penalties. A
more punitive approach towards law-abiding employers could
AJR 37
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result in a decreased in the nation's G.D.P.2 In addition,
worksite enforcement outside of a reformed immigration
system has led to undocumented workers being fired through
I-9 audits, affecting business owners and workers alike,
and sending a chilling effect to local economies already
hurting from the State's budget crisis and double-digit
unemployment. Lastly, the current punitive approach
towards employers in a long-run would result in a reduction
of 2.2% in the total number of jobs by 2019.3
California's immigrants comprise one third of the state's
population. An additional 2.6 million of the state's
immigrant population are undocumented. They contribute not
only to its diversity and its economy but also to its
legacy as a state welcoming of immigrants. The immigration
enforcement practices of the past administration, pursued
to this day by the Obama Administration, continue to tear
California families apart. Unprecedented numbers of
immigrants are locked up in a network of detention centers
in the state, and a greater number are deported on a daily
basis.
Comprehensive immigration reform is a key ingredient to
economic recovery. We are emerging from one of the worst
financial crisis since the great depression, but it seems
that this year our economy will experience some growth,
thus far we are seeing some positive signs.4 However, a
full recovery will take time and encompasses many factors,
including comprehensive immigration reform. Native-born
workers are more educated today and less likely to do
manual labor, and many of our current industries such as
agriculture, restaurant and service-based are still facing
work-force shortage. Because immigrants are different from
native-born workers - usually more or less educated, they
complement rather than compete with American workers, and
the work they do sustains jobs for Americans.
REGISTERED SUPPORT / OPPOSITION :
Support
Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA)
(sponsor)
Alliance of Californians for Community Empowerment
Anti-Defamation League
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Asian Americans for Civil Rights and Equality
Asian Pacific American Legal Center of Southern California
California Immigrant Policy Center
California Labor Federation
California Landscape Contractors Association
California Partnership
Clergy and Laity United for Economic Justice
Contra Costa Interfaith Supporting Community Organization
Council on American-Islamic Relations
East Bay Alliance for a Sustainable Economy
Japanese American Citizens League, Pacific Southwest Dist.
Los Angeles Metropolitan Hispanic Chambers of Commerce
National Korean American Service & Education Consortium
PUEBLO Action Fund
Service Employees International Union
Services, Immigrant Rights and Education Network
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334