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AB-78 Immigrants’ rights.(2011-2012)

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AB78:v97#DOCUMENT

Amended  IN  Assembly  May 02, 2011
Amended  IN  Assembly  April 25, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 78


Introduced  by  Assembly Member Mendoza

January 03, 2011


An act to add Section 43.2 to the Civil Code, relating to immigrants’ rights.


LEGISLATIVE COUNSEL'S DIGEST


AB 78, as amended, Mendoza. Immigrants’ rights.
Existing law provides that every person has certain rights subject to the qualifications and restrictions provided by law.
This bill would provide that a person without legal authority to reside in the United States but who has continuously resided in California since January 1, 2007, has shall have the same rights and responsibilities that are afforded to any other legal permanent resident in this state pursuant to the California Constitution and any other state or local law or regulation, if the person is in compliance with certain requirements. The bill would require the Governor to seek certain federal waivers in that regard.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) Immigrants are a vibrant, productive, and vital part of California’s growing economy, diverse cultural fabric, and changing demographics.
(b) Immigrants and their children comprise nearly one-half of California’s population and live and work in all 58 counties, most notably in the San Diego, central valley, greater Los Angeles, and greater San Francisco Bay regions of the state.
(c) Immigrants fuel California’s economy through their labor and entrepreneurship, comprising approximately one-third of California’s labor force and figuring prominently in key economic sectors such as agriculture, construction, manufacturing, and services.
(d) A national debate is raging across the United States focused on how to fix our broken immigration system and this debate is tearing at the very core of our founding values., yet the federal government has failed to enact reasonable reforms after 10 years of consideration.
(e) This national discussion demands an intelligent, comprehensive, and balanced approach to immigration reform—one that recognizes that Americans want neither open borders, nor closed borders, but that they want the President and the Congress of the United States to work together to enact legislation that rewards work, reunites families, restores the rule of law, reinforces our nation’s security, respects the rights of United States-born and immigrant workers, and redeems the “American Dream.”
(f) A bipartisan, comprehensive workable immigration reform package must be based on respect for human rights; a path towards toward permanent residency and citizenship; humane enforcement of border policies,; protecting the wages and working conditions of all workers, whether United States-born or immigrant workers; reunification of families; and the promotion of citizenship and civic participation.
(g) Given the recent failure of the federal government to enact such changes, California must act by approving policies that extend fair and equitable treatment and rights to its “unauthorized” but duly qualified state resident immigrant population until the time in the future that fair and equitable immigration reform is enacted at the federal level.
(h) The bipartisan Immigration Reform and Control Act of 1986 (Public Law 99-603) signed by President Ronald Reagan contained an acclaimed legalization program that should inform new legislation in California.

SEC. 2.

 Section 43.2 is added to the Civil Code, to read:

43.2.
 (a) A person without legal authority to reside in the United States but who has continuously resided in California since January 1, 2007, shall have the same rights and responsibilities that are afforded to any other legal permanent resident in this state pursuant to the California Constitution and any other state or local law or regulation, provided that the person is in compliance with all of the following:
(1) Has not been convicted of a felony, or more than three misdemeanors.
(2) Is able to establish proof of residency through utility bills, employment records, tax records, or other equivalent documentation.
(3) Is able to demonstrate proficiency in English, or is enrolled in, or has applied to enroll in, an English-as-a-second language class.
(4) Prospectively files and pays state income taxes, and a processing fee, in a manner to be established by state law, and federal income taxes in cooperation with federal income tax authorities in a manner to be determined, whereby the taxes are paid as if the person holds a social security number.
(b) With respect to any rights that may conflict with federal law, the Governor shall request waivers from the President of the United States and other appropriate federal authorities to exempt California residents and businesses from the requirements of those federal laws as they relate to the persons governed by subdivision (a).