BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2013-2014 Regular Session
AB 692 (Gonzalez)
As Amended June 3, 2014
Hearing Date: June 10, 2014
Fiscal: Yes
Urgency: No
TMW
SUBJECT
Immigration Reform: Advisory Election
DESCRIPTION
This bill would submit an advisory question to the voters asking
whether the President and Congress of the United States should
reform immigration laws and pass comprehensive immigration
reform that includes a pathway to citizenship.
BACKGROUND
Based on data collected by the United States Census Bureau as of
March 2010, an estimated 11.2 million unauthorized immigrants
live in the United States, making up four percent of the
nation's population, and 5.2 percent of the nation's workforce.
(Passel and Cohn, Unauthorized Immigrant Population: National
and State Trends, 2010 (Feb. 1, 2011)
[as of June 4, 2014].)
According to a 2011 research project, California has by far the
largest unauthorized-immigrant population (2.55 million), which
accounts for 6.8 percent of the state's population, and is among
the states where unauthorized immigrants constitute the largest
shares of the overall populations. (Passel and Cohn,
Unauthorized Immigrant Population: National and State Trends,
2010 (Feb. 1, 2011) [as of June 4,
2014].) Further, unauthorized workers constitute roughly 10
percent of California's labor force and are especially likely to
hold low-skilled jobs. (See Pew Hispanic Center, A Portrait of
(more)
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Unauthorized Immigrants in the United States (Apr. 14, 2009)
http://www.pewhispanic.
org/2009/04/14/a-portrait-of-unauthorized-immigrants-in-the-unite
d-states/ [as of June 4, 2014].)
In 2012, the Department of Homeland Security issued a directive
referred to as the Deferred Action for Childhood Arrivals
(DACA), which provides certain undocumented individuals relief
from removal from the United States or from entering into
removal proceedings for a period of up to two years, subject to
renewal, and eligibility to apply for work authorization. Yet,
deportations have reached a record level of 2 million, rising to
an annual average of 400,000 since 2009. (Lopez, As
Deportations Rise to Record Levels, Most Latinos Oppose Obama's
Policy (Dec. 28, 2011) [as of June 4, 2014].) According to the
National Immigration Law Center, more than 1,000 immigrants are
separated from their families and communities each day.
For many years, comprehensive immigration reform has been at the
forefront of national debate. This bill would call for an
election, to be consolidated with the November 4, 2014, general
election, to place before the voters an advisory question asking
whether the President and Congress of the United States should
reform immigration laws and pass comprehensive immigration
reform.
CHANGES TO EXISTING LAW
Existing law authorizes the Legislature to submit a
constitutional amendment, bond measure, or other legislative
measure to the people, which must appear on the ballot of the
first statewide election occurring at least 131 days after the
adoption of the proposal by the Legislature. (Elec. Code Sec.
9040 et seq.)
This bill would make the following legislative statements:
the United States of America was founded on principles of
freedom and opportunity, and on the tenant that all men and
women are created equal;
the nation's history has been indelibly shaped by waves of
immigration;
the current immigration system in the United States is
antiquated, riddled with inefficiencies, and incapable of
meeting the challenges of the 21st century and our changing
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economy;
immigrants are a major engine for the state's economic growth;
approximately one in 10 workers in California is an
undocumented immigrant, totaling 1.85 million workers;
immigrants are vital for California's industries, including
technology, agriculture, hospitality, and services;
the undocumented immigrant population in the United States is
currently 11.7 million and is expected to continue growing in
the absence of immigration and regulatory reform;
almost one-quarter (23 percent) of the nation's undocumented
immigrants reside in California;
thousands of families have been separated because of the
enforcement of immigration laws that do not recognize the
complexities of mixed-status families;
each year, more than 350,000 immigrants face deportation
proceedings;
nearly one-half of undocumented immigrants in the United
States are parents of minor children, and 77 percent of these
children are United States citizens;
since 1998, about 600,000 children who are United States
citizens have had a parent detained or deported; and
currently, there are at least 5,100 children in the child
welfare system because their parents are under immigration
custody or have been deported; this number is expected to rise
in the next five years.
This bill would call a special election to be held throughout
California on November 4, 2014, to be consolidated with the
statewide general election, and held and conducted in all
respects as if there were only one election and only one form of
ballot to be used.
This bill would require the Secretary of State to submit the
following advisory question to voters at the above-consolidated
election:
should the Congress of the United States reform our
immigration laws and immediately pass comprehensive
immigration reform that include a path to citizenship to those
immigrants who learn English, pass a background check, and pay
back taxes; and
should the President of the United States halt the
deportations of noncriminal mothers and fathers whose children
were both in the United States, which separate families, until
that new immigration law is passed?
This bill would require, upon certification of the election, the
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Secretary of State to communicate to the Congress of the United
States the results of the election asking the question set forth
above.
This bill would specify that the provisions of the Elections
Code that apply to the preparation of ballot measures and ballot
materials at a statewide election would apply to the measure
submitted.
This bill would go into immediate effect.
COMMENT
1. Stated need for the bill
The author writes:
In recent years, the state has enacted laws to promote the
safety and livelihood of immigrant families-including passage
of the TRUST Act to limit the harmful impact of the Secure
Communities program and approval of AB 60 to allow immigrants
to obtain driver's licenses. These laws have been passed in
an effort to address the substantial problems caused by our
antiquated federal immigration laws.
The inefficiencies and inadequacy of the current immigration
system has a significant impact on families and pose direct
costs to the state. Not only is the state child welfare
system strained by the separation of children from their
parents, but the state's economy is impacted as well.
Approximately 1 in 10 workers in California is an undocumented
immigrant, totally 1.85 million workers. Immigrants are vital
for many of California's industries, including technology,
agriculture, hospitality and services. In this way, the
undocumented immigrant population is an important social and
economic driver for the state.
However, because immigration is specifically under federal
jurisdiction, the state has limited powers in enacting
policies it considers necessary for immigrant prosperity and
integration.
Ultimately, this is an issue that has to be resolved by
Congress. Assembly Bill 692 would give voters the opportunity
to send a clear signal as to where they stand on the issue of
immigration reform. It will also allow voters to urge
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President Obama to stop the deportation of parents that are
separating families and placing children in the state child
welfare system.
2. Recent immigration policies support resolution
Pursuant to the United States Constitution, which grants the
federal government the power to establish a uniform Rule of
Nationalization and regulate commerce with foreign nations, the
federal government possesses the exclusive power to regulate
immigration. (U.S. Const., art. I, sec. 8, clauses 3, 4; see
also LULAC v. Wilson (1995) 908 F. Supp. 755, 786-87.) Because
the federal government bears the exclusive responsibility for
immigration matters, the states "can neither add to nor take
from the conditions lawfully imposed by Congress upon admission,
naturalization and residence of aliens in the United States or
the several states." (Takahashi v. Fish & Game Commission
(1948) 334 U.S. 410, 419.)
On June 15, 2012, the Department of Homeland Security issued a
memorandum calling for deferred action for certain undocumented
individuals who came to the United States as children and have
pursued education or military service. Under this federal
program, the Deferred Action for Childhood Arrivals (DACA),
approved applicants are granted deferred removal action, which
may stop pending deportation proceedings or preclude the federal
government from starting deportation proceedings against them.
DACA does not grant lawful permanent residence or citizenship to
these individuals, but if their applications are granted, they
are lawfully permitted to work in the United States for a period
of two years and may apply for renewal. Notably, one of the
qualifications is that the individual has not been convicted of
a felony offense, a significant misdemeanor, or more than three
misdemeanors, and does not pose a threat to national security or
public safety.
In furtherance of DACA, California enacted AB 35 (Hern�ndez, Ch.
571, Stats. 2013), which, among other things, authorized an
employee whose DACA application has been granted to receive
unemployment compensation benefits, extended duration benefits,
and federal-state extended benefits, and made technical
revisions regarding the issuance of a state driver's license or
identification card to persons approved under DACA and
established under AB 2189 (Cedillo and Skinner, Ch. 862, Stats.
2012). Additionally, AB 60 (Alejo, Ch. 524, Stats. 2013)
authorized the Department of Motor Vehicles (DMV) to issue an
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original driver's license to a person who is unable to submit
satisfactory proof that the applicant's presence in the United
States is authorized under federal law if he or she meets all
other qualifications for licensure and provides satisfactory
proof to the DMV, of his or her identity and California
residency. AB 60 also prohibited, pursuant to the Unruh Civil
Rights Act, discrimination against an individual who holds or
presents that driver's license and provided that the affidavit
used to obtain that driver's license is not a disclosable public
record. Other recent California legislation urged Congress and
the President to develop a comprehensive approach to immigration
reform. (See AJR 37 (De Le�n, Res. Ch. 62, Stats. 2010); AJR 15
(De Le�n, Res. Ch. 60, Stats. 2010).
This bill would put before the voters an advisory question
asking whether the President and Congress of the United States
should reform immigration laws and pass comprehensive
immigration reform that includes a pathway to citizenship.
Given that DACA provides for suspension of deportation of
individuals with no serious criminal history and California's
legislative history supporting the enactment of DACA and urging
immigration reform, this bill is arguably consistent with
current public policy and prior legislative findings and
declarations regarding immigration reform.
Support : None Known
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation :
AB 1660 (Alejo, 2014) would clarify the provisions of AB 60
(Alejo, Ch. 524, Stats. 2013) that a person who holds or
presents that driver's license is also protected from employment
and housing discrimination under the Fair Employment and Housing
Act and from discrimination by a state or local government
agency, and that the affidavit submitted to obtain that driver's
license is exempt from public disclosure under the California
Public Records Act.
SB 1402 (De Le�n, 2014) would submit an advisory question to the
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voters asking whether the President and Congress of the United
States should reform immigration laws and pass comprehensive
immigration reform that includes a pathway to citizenship. SB
1402 contains the same language as in this bill and is currently
in the Assembly Committee on Elections and Redistricting.
SR 40 (Correa, 2014) would urge President Obama to take
executive action to suspend any further deportations of
unauthorized individuals with no serious criminal history. This
measure passed the Senate Floor and has been enrolled.
Prior Legislation :
AB 35 (Hern�ndez, Ch. 571, Stats. 2013) See Comment 2.
AB 60 (Alejo, Ch. 524, Stats. 2013) See Comments 1, 2.
SJR 8 (Correa, Res. Ch. 102, Stats. 2013) urged Congress and the
President to take a comprehensive and workable approach to
improving the nation's immigration system.
AJR 3 (Alejo, Res. Ch. 77, Stats. 2013) specified goals for
reforming the nation's immigration system, and urged Congress
and the President to take a humane and just approach to solving
the nation's broken immigration system.
AB 2189 (Cedillo and Skinner, Ch. 862, Stats. 2012) See Comment
2.
AJR 37 (De Le�n, Res. Ch. 62, Stats. 2010) See Comment 2.
AJR 15 (De Le�n, Res. Ch. 60, Stats. 2010) See Comment 2.
AB 2826 (Mendoza, 2008) is substantially similar to this bill
and would have called an election to ask California voters
whether the President and the Congress of the United States
should create a pathway to citizenship for undocumented
immigrants. AB 2826 died in the Assembly Committee on
Judiciary.
Prior Vote : Prior votes not relevant
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