BILL ANALYSIS
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ASSEMBLY THIRD READING
ACR 76 (Eng)
As Amended August 24, 2009
Majority vote
JUDICIARY 8-0
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|Ayes:|Feuer, Tran, Brownley, | | |
| |Evans, Jones, Krekorian, | | |
| |Huffman, Monning | | |
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| | | | |
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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 :
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
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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% from 2003 to 2007,
and that anti-Semitic extremist rhetoric and activity has also
increased, causing Jewish Americans to be victims of violence.
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
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immigrants to the greatness of California and the United
States.
EXISTING LAW , under 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.
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.
In support of the resolution, the author 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.
In 1882, Congress passed the Chinese Exclusion Act, the first
U.S. law to restrict immigration and naturalization for a
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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.
(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
each year 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.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0002354