BILL ANALYSIS
ACR 76
Page 1
Date of Hearing: August 18, 2009
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
ACR 76 (Eng) - As Amended: July 6, 2009
As Proposed to Be Amended
SUBJECT : IMMIGRANTS: DAY OF INCLUSION
KEY ISSUE : SHOULD THE LEGISLATURE ACKNOWLEDGE DECEMBER 17 EACH
YEAR AS AN ANNUAL "DAY OF INCLUSION" IN RECOGNITION AND
APPRECIATION OF THE CONTRIBUTIONS OF ALL IMMIGRANTS TO THE
GREATNESS OF THE UNITED STATES AND CALIFORNIA?
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
SYNOPSIS
This resolution seeks to acknowledge December 17 as an annual
"Day of Inclusion" in recognition and appreciation of the
contributions of all immigrants to this state and country. The
resolution notes several examples of federal and state
legislation since the late 19th century that were intended to
perpetuate discrimination and unequal treatment of immigrants.
The Chinese Exclusion Act of 1882 is of particular significance
because it was the first major law to single out and forbid
immigration of a specific ethnic group to the United States.
The resolution states that members of all immigrant groups share
certain commonalities, including the opportunity to better their
lives through diligence and hard work, as well as the experience
of prejudice and discrimination. The author has chosen December
17, the anniversary of the repeal of the Chinese Exclusion Act
of 1882 on that date in 1943, to be designated as a "Day of
Inclusion" because the repeal of that Act signified a positive
turning point in U.S. history with respect to societal attitudes
and treatment of immigrants. This resolution has no known
opposition.
SUMMARY : Seeks to designate December 17 as an annual "Day of
Inclusion" in recognition of the contributions of all immigrants
to the greatness of our state and country. Specifically, this
measure :
ACR 76
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1)States that Chinese immigrants, encouraged by the Burlingame
Treaty of 1868, arrived in the United States in large numbers
and greatly contributed to the progress of this country by
assisting in construction of the transcontinental railway,
building the levees of the California Delta, and establishing
agricultural and fishing industries in this state. Further
describes some of the diverse contributions of prominent
Chinese Americans in business, science, and politics.
2)Describes several examples of federal and state legislation
since the late 19th century intended to perpetuate
discrimination and unequal treatment of immigrants, including:
a) The Chinese Exclusion Act of 1882, the first major law
to single out and forbid a specific ethnic group from
immigrating to and becoming naturalized citizens of the
U.S.;
b) The Geary Act of 1892, extending the prohibitions of the
Chinese Exclusion Act of 1882;
c) The Alien Land Law of 1913, prohibiting certain aliens
from owning land and property;
d) Anti-miscegenation laws prohibiting intermarriage
between white women and non-white men;
e) The Cable Act of 1922, terminating U.S. citizenship of
any women who married an alien ineligible for U.S.
citizenship; and
f) The Immigration Act of 1924, prohibiting the immigration
of all Asians and placing quotas on immigration from other
countries.
3)States that Executive Order 9066, signed by President
Roosevelt in 1942, allowed for the incarceration of 120,000
Japanese-Americans during WWII without due process of law and
led to their subsequent relocation to internment camps.
Further states that by enacting the Civil Liberties Act of
1988, the U.S. government formally apologized for the
evacuation, internment and relocation of Japanese-Americans
and provided for restitution to those who were interned.
4)Asserts that, according to FBI statistics, hate crimes
targeting Hispanic Americans increased 40 percent from 2003 to
2007, and that anti-Semitic extremist rhetoric and activity
has also increased, causing Jewish Americans to be victims of
violence.
ACR 76
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5)States that Chinese Americans and other minority groups within
the United States share many commonalities, including that
they seek opportunities to better their lives and the lives of
their families, hope to fulfill their dreams through diligence
and hard work, experience prejudice and discrimination from
both society and government, but nevertheless succeed in many
respects despite much adversity.
6)States that the Chinese Exclusion Act of 1882 was repealed on
December 17, 1943, signifying a date when the United States
expressed a commitment to break down cultural barriers, enrich
diversity, and further tolerance, and thus the 66th
anniversary of the repeal of the Act, December 17, 2009,
represents an excellent opportunity for our nation to
rededicate itself to the eradication of intolerance and
discrimination against immigrants and minorities.
7)Resolves that the Legislature joins all Californians in
acknowledging December 17 as an annual "Day of Inclusion" in
recognition and appreciation of the contributions of all
immigrants to the greatness of California and the United
States.
EXISTING LAW, Section 1 of Article 1 of the California
Constitution, provides that all people are by nature free and
independent and have inalienable rights, including enjoying and
defending life and liberty, acquiring, possessing, and
protecting property, and pursuing and obtaining safety,
happiness, and privacy. Furthermore, existing state law, the
Unruh Civil Rights Act, provides that all persons within the
jurisdiction of this state are free and equal, and specifically
prohibits discrimination based on sex, race, color, religion,
ancestry, national origin, disability, medical condition,
marital status, or sexual orientation with respect to
accommodations, advantages, facilities, privileges, or services
in all business establishments of every kind. (Civil Code
Section 51.)
COMMENTS : This resolution, sponsored by the Yee Fow Center for
History, Culture, and Trade, seeks to acknowledge December 17 as
an annual "Day of Inclusion" in recognition and appreciation of
the contributions of all immigrants to the greatness of our
state and country.
Author's Statement: In support of the resolution, the author
ACR 76
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has written:
On December 17, 1943, the Magnuson Act repealed the
Chinese Exclusion Act of 1882 and marked a turning
point regarding society's harsh attitudes towards
immigration and immigrants. By repealing the "Chinese
Exclusion" prohibitions, the United States expressed
its commitment to continue to break down cultural
barriers, appreciate differences, enrich cultural
diversity, and further racial, religious and cultural
tolerance. The hope and aspiration of America's future
lies in embracing our shared differences.
December 17th, the Day of Inclusion, is a day set
aside for all of us to remember and learn about the
sacrifices and contributions of our immigrant heritage
in becoming American by embracing our shared
differences and common goals.
Chinese Exclusion Act of 1882 . In 1882, Congress passed the
Chinese Exclusion Act, the first U.S. law to restrict
immigration and naturalization for a specific ethnic group. The
Act outlawed all Chinese immigration to the United States and
denied citizenship to those Chinese already settled in the
country. By outlawing all new immigration, the Act effectively
prevented thousands of Chinese men already living in the U.S.
from reuniting with their wives and children who they had left
behind in China when they came to this country to work.
According to historian Andrew Gyory, the Chinese Exclusion Act
"reversed not only American policy, but also American tradition,
changing forever the nation's image of itself as a beacon of
hope, a refuge for the poor and the oppressed the world over."
In his view, the Chinese Exclusion Act not only "legitimize[d]
racism as national policy" but set a precedent for broader
exclusion laws and "fostered an atmosphere of hostility towards
foreigners that would endure for generations." (Andrew Gyory,
Closing the Gate: Race Politics and the Chinese Exclusion Act.
Chapel Hill: 1998, pp.1-3.)
The ban on Chinese immigration was extended indefinitely in
1902, and was not repealed until Congress passed the Magnuson
Act on December 17, 1943. Although the Act made Chinese
Americans eligible for naturalization, Congress initially
limited this number to only 105 Chinese immigrants per year.
ACR 76
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(Asian Law Journal, December 2000.)
The author has chosen December 17, the yearly anniversary of the
repeal of the Chinese Exclusion Act of 1882, to be designated as
an annual "Day of Inclusion" because that date signifies a
positive turning point in U.S. history with respect to societal
attitudes and treatment of immigrants.
Author's Technical Amendments. To clarify that the Day of
Inclusion shall be commemorated annually on December 17 of each
year, the author proposes to make the following technical
amendment.
On page 4, line 29, strike "as a" and insert "each year as an
annual".
The author also proposes to add Assemblymember Huffman as a
co-author on this resolution.
Related Legislation : ACR 42 (Fong & De Le?n) acknowledges the
history of the Chinese in California, recognizes the
contributions made to the State of California by Chinese
Americans and Chinese immigrants, and expresses regret for past
discriminatory laws and constitutional provisions which resulted
in the persecution of Chinese persons living in California. ACR
42 had 71 co-authors in the Assembly and on July 17, 2009, was
chaptered by the Secretary of State. (Res. Chapter 79, Statutes
of 2009.)
REGISTERED SUPPORT / OPPOSITION :
Support
Yee Fow Center for History, Culture, and Trade (sponsor)
Anti-Defamation League
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334