BILL ANALYSIS
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THIRD READING
Bill No: SCR 108
Author: Harman (R)
Amended: As introduced
Vote: 21
WITHOUT REFERENCE TO COMMITTEE OR FILE
SUBJECT : Federal immigration policy reform
SOURCE : Author
DIGEST : This resolution exhorts the Congress and the
President of the United States to exhibit responsible
leadership by enacting comprehensive immigration reform;
develop a fair, purposeful immigration reform solution that
controls the country's borders and the costs to state and
local governments; preserve the paramount importance of
lawful immigration to our culture, economy, and future; and
balance the need for secure borders and sound residency
requirements with America's fundamental values.
ANALYSIS :
This resolution makes the following Legislative findings:
1. The federal government possesses exclusive authority to
establish and enforce rules, regulations, and procedures
relating to naturalization and immigration pursuant to
Section 8 of Article I of the United States
Constitution, the Sixth Amendment to the United States
CONTINUED
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Constitution, and over 100 years of Supreme Court
precedent.
2. The federal government has persistently ignored the
pressing need for comprehensive immigration reform, a
failure the sitting President admitted recently by
saying, "Our failure to act responsibly at the federal
level will only open the door to irresponsibility by
others."
3. The federal government has established various
mechanisms to reimburse states for certain costs of
undocumented immigration, but for years has reimbursed
only a fraction of these costs to California and other
states.
4. Individual states cannot long sustain the fiscal
instability resulting from current federal immigration
policy, nor afford to wait indefinitely for the
fulfillment of the promise of comprehensive immigration
reform at the federal level.
5. The federal government's failure to implement sound
immigration policy or enforce existing federal law
encourages frustrated states to craft their own ad hoc
policy solutions for undocumented immigration, an
approach that potentially raises constitutional
concerns, incites socially and racially divisive
rhetoric, and creates a divergent patchwork of
immigration law provisions.
6. Throughout the history of the United States, the
continued prosperity and vitality of the country has
been made possible through the courage, dreams, and toil
of immigrants from around the globe, and the federal
government's failure to establish and guide an
accessible, reasonable, and fair immigration process
undermines the values upon which America was founded.
7. The Legislature of the State of California exhorts the
Congress and President of the United States, on behalf
of California residents, to exhibit responsible
leadership by enacting comprehensive immigration reform;
develop a fair, purposeful immigration reform solution
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that controls the country's borders and the costs to
state and local governments; preserve the paramount
importance of lawful immigration to our culture,
economy, and future; and balance the need for secure
borders and sound residency requirements with America's
fundamental values and our responsibility to welcome
with open arms "huddled masses yearning to breath free."
FISCAL EFFECT : Fiscal Com.: No
RJG:do 5/25/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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