California 2015 2015-2016 Regular Session

California Assembly Bill AB20 Introduced / Bill

Filed 12/01/2014

 BILL NUMBER: AB 20INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Alejo DECEMBER 1, 2014 An act relating to immigration. LEGISLATIVE COUNSEL'S DIGEST AB 20, as introduced, Alejo. Undocumented immigrants. Existing law establishes the Franchise Tax Board and prescribes its various powers and duties regarding, among other things, the administration of state personal income taxes and requires that an income tax return be filed by every individual who has income in excess of specified amounts. Existing law allows an income tax return to be filed with the Franchise Tax Board using an individual taxpayer identification number. This bill would make findings and declarations regarding immigration and immigrants within the United States and California, including encouraging those immigrants who are not eligible to receive a social security number to file a California state income tax return using an individual taxpayer identification number and that California would benefit by providing undocumented persons who are agricultural or service industry employees with a permit to work and live in the state. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The United States of America is a nation of values, founded on the principles that all men and women are created equal, and the promise of freedom for all. (b) We are a nation of immigrants, who believe in the promise of freedom and opportunity. (c) The current immigration system is broken, antiquated, and not meeting the challenges of the 21st century. It separates families, including same-sex couple families, creates long backlogs for families seeking reunification, and neglects the hard work and financial contributions immigrants make to our country. (d) Since 2008, more than 1.6 million immigrants have been deported, and one in every 10 American children faces the threat of the deportation of a parent. (e) Approximately 11 million undocumented immigrants are in the United States, and California has the largest population of immigrants, both legal and undocumented. (f) Immigrants and their children constitute nearly one-half of California's population and live and work in all 58 counties, most notably in the San Diego, Central Valley, Los Angeles, Ventura, and greater San Francisco areas. (g) Approximately 77 percent of undocumented immigrants who reside in California live with family members who are legal United States residents and citizens. (h) One in 10 workers in California is an undocumented immigrant, and immigrants are a vibrant, productive, and vital part of the state' s growing economy. (i) Immigrants are essential in keeping the American economy strong; from technology programmers in the Silicon Valley to restaurant owners and workers, immigrants are filling an intrinsic need in the labor force. (j) Agricultural workers have been performing very important and difficult work to maintain America's food supply, and have a role of ensuring that Americans have safe and secure agricultural products to sell and consume. (k) Students should not be punished for their immigration status. Instead, they should be given recognition for their sacrifice, hard work, and determination. (l) The United States can do a better job of attracting and keeping the world's best and brightest. A comprehensive immigration reform should also grant immigrants who have received a Ph.D. or master's degree in science, technology, engineering, or mathematics from an American university the opportunity to invest in and contribute to this great nation. For the future of our economy, it makes no sense to educate the world's future innovators and entrepreneurs only to ultimately force them to leave our country at the moment they are most able to contribute to our economy. (m) Modernizing our antiquated and dysfunctional immigration system will uphold our nation's basic values of fairness and equality, as well as access to health care. (n) A comprehensive, as well as compassionate, approach to solve our broken immigration system should be one that works for all communities and families in America. (o) The full recovery of the California economy depends upon the continued residence and employment of all current and future members of the state workforce, whether currently employed or in the process of education or training for future employment. (p) The removal of residents and employees, who are free of any serious criminal history or criminal misconduct, from the state during this time of economic recovery is disruptive of the nascent recovery, and separates and disrupts families and community, with significant secondary effects on the state economy and the state education system. (q) The Legislature recognizes and acknowledges the federal government's exclusive authority in the area of immigration regulation, including the determination of enforcement priorities and the granting of discretionary relief on an individual or class wide basis. (r) The failure of the Congress to act on much-needed federal legislation to provide relief from deportation and a pathway to citizenship for those millions of undocumented persons who have resided peacefully in California and other states for many years, raising families, paying taxes, and contributing to our economy and society, has perpetuated a structural problem in our state economy, with too many workers intimidated from playing a complete role in our social and economic development by the lack of legal protection occasioned by their status. (s) Despite these impediments, many undocumented workers have endeavored year after year to file California state income tax returns using an individual taxpayer identification number. (t) Encouraging those who are not eligible to receive a social security number to file a California state income tax return using an individual taxpayer identification number is in the best interest of the state, its economy, and its tax laws. (u) California will benefit from a program to provide undocumented persons who are agricultural or service industry employees with a permit to work and live in California.