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  
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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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