BILL NUMBER: SJR 19INTRODUCED BILL TEXT INTRODUCED BY Senator Cedillo SEPTEMBER 3, 2009 Relative to immigration. LEGISLATIVE COUNSEL'S DIGEST SJR 19, as introduced, Cedillo. Enforcement of immigration laws. This measure would condemn specified policies and practices of federal agencies regarding the enforcement of immigration laws, and would urge Congress and the President of the United States to declare an immediate moratorium on those policies and practices until a comprehensive reform of immigration laws is enacted and implemented. Fiscal committee: no. WHEREAS, The State of California values all of its residents, whether they be citizens, legal residents, or undocumented immigrants, and strives to enable all residents to work and live free from discrimination, exploitation, and repressive federal immigration enforcement; and WHEREAS, In California, the population of which is expected to increase to 54 million by 2040--including a Latino population of 27 million, a Caucasian population of 16 million, and an Asian population of 7 million--immigrants are and will continue to be a critical resource; and WHEREAS, According to the United States Census Bureau, 1 of every 8 people living in the United States is an immigrant and approximately one-third of those immigrants are undocumented; and WHEREAS, There are approximately 8.1 million undocumented workers in the United States economy comprising 15 percent of the national labor force with an annual federal tax contribution of more than $30 billion; and WHEREAS, There is clear evidence that undocumented workers are currently making great contributions to the national economy; and WHEREAS, In California alone, there are 8.9 million immigrants, making up 26 percent of the total population and one-third of California's labor force, who figure prominently in agriculture, manufacturing, construction, and service industries. Those immigrants pay approximately $4.5 billion in state taxes each year, significantly contributing to California's economy; and WHEREAS, In California, the average immigrant-headed household contributes a net of $2,679 annually to social security, which is $539 more than the average household headed by a person born in the United States; and WHEREAS, Immigrants are among California's most productive entrepreneurs, and have created jobs for tens of thousands of Californians. By 2000, immigrant owners of Silicon Valley companies created 72,839 jobs and generated more than $19.5 billion in sales. Google, Sun Microsystems, eBay, and Yahoo! are all companies that were founded or cofounded by immigrants; and WHEREAS, In the absence of comprehensive federal immigration reform, the program initiated under the Bush administration known as "Operation Return to Sender," the federal Department of Homeland Security, through the Bureau of Immigration and Customs Enforcement (ICE), conducted aggressive raids in homes and workplaces in efforts to locate, detain, and deport undocumented immigrants; and WHEREAS, The Obama administration, in order to take action and implement some type of enforcement while federal comprehensive immigration reform is considered, has shifted its focus to an "enforcement only" policy in the form of aggressive unprecedented enforcement against employers who hire immigrants; and WHEREAS, In order to achieve better enforcement, the federal Department of Homeland Security and the federal Social Security Administration seek to require use of the E-Verify system, federal employment verification, audits of profiled companies that hire immigrants, and expansion of police-ICE collaboration. As a result, employers may well engage in prohibited behavior, such as using verification programs for purposes other than verifying employment eligibility or to prescreen employment candidates, resulting in discrimination against workers; and WHEREAS, Latino workers are among the most vulnerable and have a higher likelihood of being disproportionately affected by these programs; and WHEREAS, The employer audits and the mandatory use of the E-Verify system would affect millions of workers, and there is a concern for the broader and negative implications that an expansion of the use of E-Verify by all other sectors will have on the United States workforce during this difficult economic crisis; and WHEREAS, The Congressional Budget Office estimates that a mandatory E-Verify employment verification program would decrease federal revenue by $17.3 billion over 10 years because more workers would be paid "off the books"; and WHEREAS, In light of the economic crisis our country is currently facing, excessive employer auditing and mandatory use of the E-Verify system add an additional burden to businesses and employers as they are being forced to lay off thousands of workers; and WHEREAS, Companies such as Overhill Farms, American Apparel, Farmer Johns, and Micro Solutions, among others, have been drastically affected by the aggressive enforcement of immigration laws; and WHEREAS, Raids, employer audits, and mandatory use of the E-Verify system harm immigrants, their employers, their communities, and our economy and are disruptive to communities where immigrants have settled and contribute to the growth of local communities; and WHEREAS, Trying to deport 10 million undocumented immigrants would cost at least $206 billion over 5 years, according to a study by the Center for American Progress; and WHEREAS, If workers targeted by these enforcement efforts were removed from the workforce, the effects would ripple through many industries as they would face substantial shortages of workers; and WHEREAS, We cannot speak of resolving the current economic crisis, or important health or security concerns, without addressing the interwoven issue of immigration; and WHEREAS, The recent actions of ICE run counter to the principles of this country, which was founded on immigration and where early Irish, Italian, Asian, and African American families founded some of the country's most important institutions; and WHEREAS, The increase and severity of ICE's actions in our country only underscores the absolute ineffectiveness of current federal immigration policy and the urgent need for comprehensive immigration reform; and WHEREAS, Our current immigration system is broken and greatly in need of reform. In order to create real, long-lasting reform, we must create a pathway to legal status for the millions of undocumented immigrants who have made lives for themselves and their families in the United States; and WHEREAS, After a meeting between President Barack Obama, Canadian Prime Minister Stephen Harper, and Mexican President Felipe Calderon in Guadalajara, Mexico, President Obama announced that immigration reform legislation will have to wait until 2010; and WHEREAS, If reform is not possible this year, relief in the form of a moratorium on employer sanctions, raids, deportations, the use of E-Verify, and prolonged detention for immigration-related offenses is absolutely necessary to maintain stability in our communities and to minimize economic disruption. A moratorium on the Obama enforcement strategy will provide temporary relief from the policies and practices that are tearing up the integrity and unity of our families and at the same time provide the federal government the necessary time to propose, debate, and enact comprehensive immigration reform; and WHEREAS, Without a balanced approach on immigration and economic recovery, security planning, public health, and the lives of 12 to 18 million people will remain in limbo; and WHEREAS, Former federal Secretary of State Condoleezza Rice recently announced that one of her biggest regrets during her term of service for the Bush administration was not achieving immigration reform. She also stated immigrants were critical to the country's financial health, and that reform was needed to fuel the next round of economic growth, referring to immigrants as "one of the strongest elements not only of our national wealth, but also of our national soul"; and WHEREAS, We are a nation of immigrants that continues to be a beacon of hope and liberty, attracting the best and brightest from across the globe who fight to start a better life in our country and take part in the American dream; now, therefore, be it Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature hereby condemns the excessive employer audits, mandatory use of the E-Verify system, immigration raids, arrests, detentions, and deportations of undocumented immigrants conducted by the federal Department of Homeland Security, through the Bureau of Immigration and Customs Enforcement; and be it further Resolved, That the Legislature urges Congress and the President of the United States to declare an immediate moratorium on the aggressive, unprecedented enforcement of employer sanctions, including excessive audits of profiled companies that hire immigrants, the expanded use of the E-Verify system, the federal system of employment verification, the expansion of police-ICE collaboration, and immigration raids in the State of California, until our nation can enact and implement a comprehensive and just reform of our immigration laws with a comprehensive immigration program that recognizes the broad contributions immigrants have made to the fabric of the country; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and the Vice President of the United States, to the Speaker of the House of Representatives, and to each Senator and representative from California in the Congress of the United States.