BILL ANALYSIS �
SJR 23
Page 1
Date of Hearing: August 12, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SJR 23 (Huff and De Leon) - As Amended: May 22, 2014
PROPOSED CONSENT (As Proposed to be Amended)
SENATE VOTE : 32-0
SUBJECT : CHINESE AMERICANS IN CALIFORNIA
KEY ISSUE : SHOULD THE LEGISLATURE REQUEST THE U.S. CONGRESS TO
FORMALLY APOLOGIZE TO THE CHINESE AMERICAN COMMUNITY FOR
ENACTING THE CHINESE EXCLUSION LAWS OF THE LATE 19TH CENTURY?
SYNOPSIS
This resolution seeks to request the U.S. Congress to formally
apologize to Chinese Americans for the enactment of the Chinese
Exclusion Act of 1882 and other similar discriminatory federal
laws of that period which resulted in the persecution of Chinese
persons living in California and have had negative effects on
the Chinese community lasting into the 20th century and beyond.
The measure finds that the Chinese Exclusion Act was the first
federal law ever passed excluding a group of immigrants solely
on the basis of race or nationality, and set an unfortunate
precedent for racist foreign and national policy that led to
broader exclusion laws and fostered an environment of racism in
this country. In addition to banning all Chinese immigration to
the United States, the Chinese Exclusion Act also denied
citizenship to those Chinese already in the country. Originally
set to expire in 1892, the Act was extended by Congress for
another ten years (in the form of the Geary Act) and then made
permanent in 1902. It remained in effect until it was finally
repealed in 1943.
This resolution is supported by a number of Chinese cultural
associations and heritage groups, as well as by the County of
Los Angeles. Proponents note that while Congress in 2011 and
2012 passed resolutions expressing regret for enacting the
Chinese Exclusion Act and other discriminatory laws, it has
never issued a formal apology to the Chinese-American community.
Proponents believe that a formal apology is the appropriate
Congressional action to be taken in redressing prior legitimized
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discrimination, as evidenced by the fact that Congress has
previously issued apologies to other ethnic minority groups for
historical acts of discrimination and persecution, but not
Chinese-Americans. This measure therefore seeks a formal
apology from Congress that, according to proponents, would
afford Chinese-Americans treatment equal to that of other
minorities similarly impacted by past discriminatory
legislation. This resolution was unanimously approved by the
Senate by a 32-0 vote.
SUMMARY : Makes findings about the historical events leading to
passage of the Chinese Exclusion Laws of the late 19th century,
recognizes their unjust and discriminatory nature, and requests
Congress to adopt resolutions of apology to the Chinese American
community for the enactment of those laws.
EXISTING LAW :
1)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. (Section 1 of Article 1 of the California
Constitution.)
2)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.)
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
COMMENTS : This resolution calls upon the Legislature to request
Congress to adopt resolutions of apology to the Chinese American
community for the enactment of the Chinese Exclusions Laws,
beginning in the 1880's, which resulted in discrimination
against and persecution of Chinese persons in California and
across the country.
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Author's Statement : According to the author, this measure is
needed because:
In 1882 Congress passed and the President signed the
Chinese Exclusion Act, the first federal law ever
passed excluding a group of immigrants solely on the
basis of race or nationality. California played a
central role in pushing for Chinese exclusion laws --
including provisions in the California Constitution --
that deprived Chinese Americans of their civil rights,
such as citizenship and property ownership.
In 2011 the US Senate passed SR 201 and in 2012 the
House of Representatives passed HR 683, expressing
"regret" for the persecution and suffering of Chinese
Americans. However, there are important and major
differences between an expression of regret and an
actual apology. An apology includes an admission of
error or wrongdoing, an understanding that the action
taken should not have been done, and above all an
acknowledgement of responsibility. In contrast, an
expression of regret merely indicates a disappointment
that the events happened and does not accept any
wrongdoing.
While the Chinese community appreciates the
demonstration of regret, there is also recognition for
the need of an explicit apology to Chinese Americans.
It is important that the United States Congress make a
formal and sincere apology for the enactment of the
discriminatory laws that adversely affected Chinese
Americans, so that democracy, justice, and equality for
all of its citizens can be achieved, and to strengthen
the diversity in the United States that contributes to
the country's economic, cultural, technological,
academic, and political growth.
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
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behind in China when they came to this country to work.
According to historical accounts, some prominent California
politicians were active leaders in the Chinese exclusion
movement and lobbied Congress for years to prohibit immigration
from China.
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 "legitimiz[ed]
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 1943 when Congress passed the
Magnuson Act. Although Chinese Americans then became eligible
for naturalization, Congress initially limited this number to
only 105 Chinese immigrants per year. (Asian Law Journal,
December 2000.)
No previous apology by Congress for enacting the Chinese
Exclusion Act and other laws. This resolution is supported by a
number of Chinese cultural associations and heritage groups, as
well as by the County of Los Angeles. Proponents contend that
the resolution is important because the Chinese-American
community has never received a formal apology from Congress for
its role in enacting the Chinese Exclusion Act and other
discriminatory anti-Chinese laws. They note that Congress
recognizes that an apology is the appropriate action to be taken
in redressing prior legitimized discrimination, as evidenced by
the fact that Congress has previously issued apologies to
Japanese-Americans (in 1988), Native Hawaiians (in 1993),
African-Americans (in 2008 and 2009), and Native Americans (in
2010) for historical acts of discrimination and persecution
against these ethnic groups.
These supporters state that a formal apology "is of particular
importance so that the Chinese in America can be treated equally
as other minorities similarly impacted," and that "Efforts in
this regard must continue so that democracy, justice and
equality for all can be achieved and to strengthen the diversity
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of California for the betterment of its socio-economic growth."
Pending Companion Legislation, SCR 122, Apologizes for
California's Role in Enacting Chinese Exclusion Laws. This
measure specifically notes that California's stance against the
Chinese community influenced the promotion and passage of the
Federal Chinese Exclusion Act. The resolution finds and
declares that California lobbied Congress for years to strictly
prohibit immigration from China, and in 1882, was successful in
convincing Congress to enact the Chinese Exclusion Act, which
set the precedent for racist foreign and national policy that
led to broader exclusion laws and fostered an environment of
racism that quickly led to the Jim Crow laws of the 1880's.
It should also be noted that in 1879, three years before
Congress passed the Federal Chinese Exclusion Act, California
went as far as to amend its Constitution to discriminate against
Chinese persons. That year, California adopted Article XIX,
titled "Legislature to Protect State From Certain Aliens", of
which Section 1 reads in part:
The Legislature shall prescribe all necessary
regulations for the protection of the
State . . . from the burdens and evils arising from the
presence of aliens, who are, or may become vagrants,
paupers, mendicants, criminals, or invalids afflicted
with contagious or infectious diseases, and from aliens
otherwise dangerous or detrimental to the well-being or
peace of the State, and to impose conditions upon which
such persons may reside in the State, and to provide
the means and mode of their removal from the State.
Article XIX targeted Chinese immigrants and had the effect of
denying Chinese the right to own or acquire property, the right
to own a firearm, the right to be employed by a corporation, and
the right of employment in public work. Article XIX also
declared that "foreigners unable to become citizens" (meaning
Chinese, who Congress specifically denied citizenship with
passage of the Chinese Exclusion Act of 1882) were "dangerous or
detrimental to the well-being of the State." Article XIX
remained in effect for 73 years until it was finally repealed in
1952.
SCR 122 (De Leon) provides the Legislature's formal apology to
the Chinese-American community for its role in the enactment of
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the Chinese Exclusion Laws and state constitutional provisions
that legitimized discrimination against Chinese persons. SCR
122 is currently pending in this Committee.
Author's Technical Amendments. The author proposes the
following technical amendments:
On page 2, line 2, insert a comma after "regression"
On page 2, line 5, delete "Federal" and replace with
"federal"
On page 3, line 32, after "demonstrated" insert "that"
On page 3, line 34, delete "Other congressional apologies",
delete lines 35 through 38, and replace with "Congress has
previously apologized for enacting discriminatory legislation
to Japanese-Americans in 1988, to Native Hawaiians in 1993,
to African-Americans in 2008 and 2009, and to Native
Americans in 2009; and"
On page 4, line 13, delete "Exclusion Laws" and replace with
"exclusion laws"
Add as co-authors Assemblymembers Conway, Fong, and
Wieckowski
Previous Related Legislation : ACR 42 (Fong and De Leon), Res.
Ch. 79, Statutes of 2009, expressed the Legislature's regret for
enactment of past discriminatory laws and constitutional
provisions which resulted in the persecution of Chinese living
in California, and affirmed its commitment to preserving the
rights of all people and celebrated the contributions that all
immigrants have made to California and the nation.
2011 Senate Resolution 201 (S. Res. 201), authored by Sen. Scott
Brown, expressed regret for the passage of the Chinese Exclusion
Act of 1882 and other legislation that discriminated against
people of Chinese origin in the United States. S. Res. 201 was
passed by unanimous consent.
2012 House Resolution 683 (H. Res. 683), authored by Rep. Judy
Chu, expressed regret for passage of the Chinese Exclusion Act
of 1882 and other legislation that discriminated against people
of Chinese origin in the United States. H. Res. 683 was passed
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by unanimous consent.
REGISTERED SUPPORT / OPPOSITION :
Support
Chinese American Citizens Alliance - Greater San Gabriel Valley
Lodge (sponsor)
All America Chinese Youth Federation
American and Chinese World War II Memorial Monument Association
Association for Preserving Historical Accuracy of Foreign
Invasions in China
Chew Lun Association
Chinese Consolidated Benevolent Association of San Diego
Confucius Institute at San Diego State University
County of Los Angeles
Joint Chinese University Alumni Association of Southern
California
San Diego Chinese American Association
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334