This measure would urge the United States Congress to pass, and the President of the United States to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act.

This measure would urge the United States Congress to pass, and the President of the United States to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act.

This measure would urge the United States Congress to pass, and the President of the United States to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act.

WHEREAS, California has over 10 million immigrants one in four of the foreign-born population nationwide;

WHEREAS, California is home to large groups of immigrants from more than 60 countries; and

WHEREAS, Immigrants are projected to make up 27 percent of the states population in 2030, the same share as in 2013; and

WHEREAS, Immigrants are a keystone part of our culture, politics, and society and have helped shape Californias strong identity; and

WHEREAS, More than a third of working-age adults in the state are immigrants, contributing largely to our states entrepreneurial and economic success; and

WHEREAS, Immigration remains at the center of national debate and particular words have become hurtful; and

WHEREAS, The terms illegal and alien, when used in reference to people, have undergone demeaning and derogatory connotations and have become increasingly associated with racist sentiments; and

WHEREAS, The legitimacy of the word alien as a legal definition is being called into question with our states passage of Senate Bill 432 in 2015; and

WHEREAS, Prominent media and newspaper organizations nationwide have stopped using the terms illegal and alien to describe people immigrating to, and residing in, the United States; and

WHEREAS, Assembly Bill 1850 of the 201516 Regular Session would delete the word illegal and would also replace the word alien with foreign national in provisions of the California Education Code if federal law also makes the same changes; and

WHEREAS, United States House Representative Joaquin Castro has introduced H.R. 3785 in the 114th Congress, also known as the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, that would prohibit federal executive agencies from using the derogatory term alien to refer to an individual who is not a citizen or national of the United States; now, therefore, be it

Resolved, by the Assembly and the Senate of the State of California, jointly, That the Legislature urge the United States Congress to pass, and the President of the United States to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

WHEREAS, California has over 10 million immigrants one in four of the foreign-born population nationwide;

WHEREAS, California is home to large groups of immigrants from more than 60 countries; and

WHEREAS, Immigrants are projected to make up 27 percent of the states population in 2030, the same share as in 2013; and

WHEREAS, Immigrants are a keystone part of our culture, politics, and society and have helped shape Californias strong identity; and

WHEREAS, More than a third of working-age adults in the state are immigrants, contributing largely to our states entrepreneurial and economic success; and

WHEREAS, Immigration remains at the center of national debate and particular words have become hurtful; and

WHEREAS, The terms illegal and alien, when used in reference to people, have undergone demeaning and derogatory connotations and have become increasingly associated with racist sentiments; and

WHEREAS, The legitimacy of the word alien as a legal definition is being called into question with our states passage of Senate Bill 432 in 2015; and

WHEREAS, Prominent media and newspaper organizations nationwide have stopped using the terms illegal and alien to describe people immigrating to, and residing in, the United States; and

WHEREAS, Assembly Bill 1850 of the 201516 Regular Session would delete the word illegal and would also replace the word alien with foreign national in provisions of the California Education Code if federal law also makes the same changes; and

WHEREAS, United States House Representative Joaquin Castro has introduced H.R. 3785 in the 114th Congress, also known as the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, that would prohibit federal executive agencies from using the derogatory term alien to refer to an individual who is not a citizen or national of the United States; now, therefore, be it

Resolved, by the Assembly and the Senate of the State of California, jointly, That the Legislature urge the United States Congress to pass, and the President of the United States to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

WHEREAS, California has over 10 million immigrants one in four of the foreign-born population nationwide;

WHEREAS, California is home to large groups of immigrants from more than 60 countries; and

WHEREAS, Immigrants are projected to make up 27 percent of the states population in 2030, the same share as in 2013; and

WHEREAS, Immigrants are a keystone part of our culture, politics, and society and have helped shape Californias strong identity; and

WHEREAS, More than a third of working-age adults in the state are immigrants, contributing largely to our states entrepreneurial and economic success; and

WHEREAS, Immigration remains at the center of national debate and particular words have become hurtful; and

WHEREAS, The terms illegal and alien, when used in reference to people, have undergone demeaning and derogatory connotations and have become increasingly associated with racist sentiments; and

WHEREAS, The legitimacy of the word alien as a legal definition is being called into question with our states passage of Senate Bill 432 in 2015; and

WHEREAS, Prominent media and newspaper organizations nationwide have stopped using the terms illegal and alien to describe people immigrating to, and residing in, the United States; and

WHEREAS, Assembly Bill 1850 of the 2015-16 Regular Session would delete the word illegal and would also replace the word alien with foreign national in provisions of the California Education Code if federal law also makes the same changes; and

WHEREAS, United States House Representative Joaquin Castro has introduced H. R. 3785 in the 114th Congress, also known as the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, that would prohibit federal executive agencies from using the derogatory term alien to refer to an individual who is not a citizen or national of the United States; now, therefore, be it

Resolved, by the Assembly and the Senate of the State of California, jointly, That the Legislature urge the United States Congress to pass, and the President of the United States to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

 THIRD READING  

Bill No: AJR 38

Author:

:

Vote: 21

SENATE JUDICIARY COMMITTEE: 6-1, 6/28/16

AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski

NOES: Anderson

ASSEMBLY FLOOR: 61-9, 6/13/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This resolution urges Congress to pass, and the President to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act to prohibit federal executive agencies from using the derogatory term “alien” to refer to individuals who are not a citizen or national of the United States.

ANALYSIS:

Existing law:

1. Includes numerous references to “alien,” to describe noncitizens, including but not limited to the following code sections: Business and Professions, Civil, Education, Government, Health and Safety, Health, Insurance, Labor, Military and Veterans, Penal, Probate, Public Contract, Public Resources, Revenue and Taxation, Unemployment Insurance, Vehicle, Welfare and Institutions, and article XIII of the California Constitution relating to taxation.
2. Includes references to “illegal aliens” in various federal laws, including, but not limited to the following:

• Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 1365);
• Section 421(5)(A)(ii)(II) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. Sec. 658(5)(A)(ii)(II));
• Section 432(e) of the Homeland Security Act of 2002 (6 U.S.C. Sec. 240(e));
• Section 439(a) of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. Sec. 1252c(a));
• Section 280(b)(3)(A) of the Immigration and Nationality Act (8 U.S.C. Sec. 1330(b)(3)(A));
• Section 286(r)(3)(ii) of the Immigration and Nationality Act (8 U.S.C. Sec. 1356(r)(3)(ii));
• Section 332 of the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. Sec. 1366);
• Section 411(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. Sec. 1621(d)); and
• Section 106(e) of the Public Works Employment Act of 1976 (42 U.S.C. Sec. 6705(e)).

This resolution:

1. Declares, among other things, that:

• California has over 10 million immigrants, coming from more than 60 countries, who are projected to make up 27 percent of the state’s population in 2030;
• Immigrants are a keystone of our culture, politics, and society, and have helped shape the identity of California;
• More than a third of the working-age adults in the state are immigrants, contributing to the state’s entrepreneurial and economic success;
• Immigration remains at the center of national debate, and that the terms “illegal” and “alien” when used in reference to people have undergone demeaning and derogatory connotations and are increasingly associated with racist sentiments;
• The legitimacy of the word “alien” as a legal definition is being called into question with the state’s passage of SB 432 (Mendoza, Chapter 160, Statutes of 2015), and there is a growing trend among prominent media and newspaper organizations to stop using the terms “illegal” and “alien” to describe people immigrating to, and residing in, the United States; and
• States that H.R. 3785, also known as the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, has been introduced in the 114th Congress to prohibit federal executive agencies from using the derogatory term “alien” to refer to individuals who are not a citizen or national of the United States.

1. Urges the United States Congress to pass, and the President of the United States to sign, the CHANGE Act.

Background

This resolution is part of a growing movement to eliminate the terms “alien” and “illegal alien” as they refer to immigrants in state and federal laws, as well as in journalism. According to the author, the use of such terms is outdated and derogatory, and should be eliminated from official government usage. In early 2013 several media outlets, including the Associated Press and the Los Angeles Times issued guidelines that “illegal immigrant” would no longer be used to label a person, and that articles should instead describe the individual’s circumstances. Likewise, in March 2016 the Library of Congress announced it would be removing the term “illegal alien” as a bibliographical term. Last year, California enacted SB 432 (Mendoza) to eliminate references to “alien” throughout the Labor Code. The Senate recently approved legislation that would remove the term of “alien” from a Civil Code statute that provides for equal property rights for all people regardless of citizenship status. (SB 1351, De León, 2016.)

Of particular relevance to this resolution, the 114th U.S. Congress has introduced H.R. 3785, the CHANGE Act, which prohibit federal executive agencies from using the terms “alien” and “illegal alien” to refer to immigrants and, instead, require usage of the terms “foreign national” and “undocumented foreign national,” respectively.

This resolution seeks to urge the federal government to enact the CHANGE Act.

Comments

As stated by the author, “[t]his measure would urge the United States Congress to pass, and the President of the United States to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act. Current law uses the term ‘illegal alien’ to describe a person who is not a citizen or national in the United States. This language is derogatory and antiquated and this bill would seek means to remove and replace this word with the word ‘foreign national.’ This resolution would help complete the effort made by the legislature to completely remove the term “illegal aliens” from the California code and to move society forward away from this term.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/29/16)

None received

OPPOSITION: (Verified 6/29/16)

None received

ASSEMBLY FLOOR: 61-9, 6/13/16

AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon

NOES: Brough, Beth Gaines, Grove, Harper, Melendez, Obernolte, Steinorth, Wagner, Waldron

NO VOTE RECORDED: Travis Allen, Bigelow, Campos, Dahle, Gallagher, Gipson, Hadley, Jones, Mathis, Patterson

Prepared by:

6/29/16 15:56:35

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AJR 38 (Author:Eduardo Garcia)

Version: April 27, 2016

Hearing Date: June 28, 2016

Fiscal: No

Urgency: No

Consultant: RD:ks

SUBJECT

Foreign nationals: CHANGE Act

DESCRIPTION

This measure would urge Congress to pass, and the President to sign, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act to prohibit federal executive agencies from using the derogatory term “alien” to refer to individuals who are not a citizen or national of the United States.

BACKGROUND

This measure is part of a growing movement to eliminate the terms “alien” and “illegal alien” as they refer to immigrants in state and federal laws, as well as in journalism. According to the author, the use of such terms is outdated and derogatory, and should be eliminated from official government usage. In early 2013 several media outlets, including the Associated Press and the Los Angeles Times issued guidelines that “illegal immigrant” would no longer be used to label a person, and that articles should instead describe the individual’s circumstances. Likewise, in March 2016 the Library of Congress announced it would be removing the term “illegal alien” as a bibliographical term. Last year, California enacted SB 432 (Mendoza, Ch. 160, Stats. 2015) to eliminate references to “alien” throughout the Labor Code. This Committee also recently approved legislation that would remove the term of “alien” from a Civil Code statute that provides for equal property rights for all people regardless of citizenship status. (SB 1351, De León, 2016.)

Of particular relevance to this resolution, the 114th U.S. Congress has introduced H.R. 3785, the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, which prohibit federal executive agencies from using the terms “alien” and “illegal alien” to refer to immigrants and, instead, require usage of the terms “foreign national” and “undocumented foreign national,” respectively.

This measure seeks to urge the federal government to enact the CHANGE Act.

CHANGES TO EXISTING LAW

Existing state law includes numerous references to “alien,” to describe noncitizens, including but not limited to the following code sections: Business and Professions, Civil, Education, Government, Health and Safety, Health, Insurance, Labor, Military and Veterans, Penal, Probate, Public Contract, Public Resources, Revenue and Taxation, Unemployment Insurance, Vehicle, Welfare and Institutions, and article XIII of the California Constitution relating to taxation.

Existing federal law includes several references to “illegal aliens,” including, but not limited to the following:

• Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 1365);
• Section 421(5)(A)(ii)(II) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. Sec. 658(5)(A)(ii)(II));
• Section 432(e) of the Homeland Security Act of 2002 (6 U.S.C. Sec. 240(e));
• Section 439(a) of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. Sec. 1252c(a));
• Section 280(b)(3)(A) of the Immigration and Nationality Act (8 U.S.C. Sec. 1330(b)(3)(A));
• Section 286(r)(3)(ii) of the Immigration and Nationality Act (8 U.S.C. Sec. 1356(r)(3)(ii));
• Section 332 of the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. Sec. 1366);
• Section 411(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. Sec. 1621(d)); and
• Section 106(e) of the Public Works Employment Act of 1976 (42 U.S.C. Sec. 6705(e)).

This measure would declare, among other things, that:

• California has over 10 million immigrants, coming from more than 60 countries, who are projected to make up 27 percent of the state’s population in 2030;
• immigrants are a keystone of our culture, politics, and society, and have helped shape the identity of California;
• more than a third of the working-age adults in the state are immigrants, contributing to the state’s entrepreneurial and economic success;
• immigration remains at the center of national debate, and that the terms “illegal” and “alien” when used in reference to people have undergone demeaning and derogatory connotations and are increasingly associated with racist sentiments;
• the legitimacy of the word “alien” as a legal definition is being called into question with the state’s passage of Senate Bill 432 (Mendoza, 2015), and there is a growing trend among prominent media and newspaper organizations to stop using the terms “illegal” and “alien” to describe people immigrating to, and residing in, the United States; and
• states that H.R. 3785, also known as the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, has been introduced in the 114th Congress to prohibit federal executive agencies from using the derogatory term “alien” to refer to individuals who are not a citizen or national of the United States.

This measure would urge the United States Congress to pass, and the President of the United States to sign, the CHANGE Act.

COMMENT

1. Stated need for the bill

According to the author, “[c]urrent law uses the term ‘illegal alien’ to describe a person who is not a citizen or national of the United States. This language is derogatory and antiquated and this [measure] would seek means to remove and replace this word with the word ‘foreign national.’ This would complete the effort made by the [L]egislature to completely remove the term ‘illegal aliens’ from the California code and to move society forward away from this term.”

2. Passage of H.R. 3785 would have practical significance for proposed state legislation

Staff notes that the author of this resolution also has legislation before the Legislature that would remove references to “alien” or “illegal alien” in the Education Code and replace them with references to “foreign national” or “undocumented foreign national.” (AB 1850, E. Garcia, 2016.) That bill, however, makes these changes to certain provisions contingent upon the enactment of federal legislation, given the relation of those provisions to the federal Immigration Reform and Control Act of 1986 (IRCA). Specifically, in order to maintain consistency with IRCA, AB 1850 would make the change in terminology within certain sections operative only upon certification of the Superintendent of Public Instruction to the Secretary of State that this terminology has been changed by enactment of H.R. 3785, or an equivalent measure, to replace the term “alien” with the term “foreign national” when used to refer to an individual who is not a citizen or national of the United States, and replace “illegal alien” with “undocumented foreign national’ when used to refer to an individual who is unlawfully present or who lacks a lawful immigration status in the United States.

Stated another way, with the passage of H.R. 3785 or an equivalent measure which would prohibit federal executive agents from using the terms “alien” and “illegal alien” to refer to immigrants and undocumented immigrants, the author’s bill, AB 1850 (if enacted) would be able to trigger similar changes in the California Education Code, including within sections of that code pertaining to, for example, the internment of persons of Japanese ancestry and Japanese Americans during World War II, determination of a student’s residence, and adult education.

As of the writing of this analysis, however, the CHANGE Act has not yet advanced in the House of Representatives. Accordingly, this measure reflects the author’s effort to have the Legislature urge Congress to pass the CHANGE Act so that such terminology would be replaced in federal law as well as in California law.

3. Growing national trend toward using the term “undocumented” instead of “alien”

In 2013, the Pew Research Center noted that several news organizations, including the Associated Press and the Los Angeles Times, had announced a ban on the term “illegal immigrant” because they said it lacked precision and broadly labeled a large group. Their analysis of the terminology used by the news media in stories about immigrants found that the use of the term “illegal alien” reached its low point in 2013, dropping to percent in usage in contrast to other periods studies, where its use had consistently been in the double digits, peaking at 21 percent in 2007. In addition, the use of “undocumented immigrant” and other alternative terms increased, from 1 percent in 2007 to 3 percent in 2013. (Guskin, “Illegal,””undocumented,” “unauthorized”: News media shift language on immigration,” Pew Research Center (Jun. 17, 2013) <http://www.pewresearch.org/fact-tank/2013/06/17/illegal-undocumented-unauthorized-news-media-shift-language-on-immigration/> [as of Jun. 18, 2016].)

The Library of Congress has taken steps to eliminate the term “illegal alien,” announcing in late March of this year that it would no longer use that term as a bibliographical term. According to an L.A. Times article, the Library of Congress had used the term “illegal alien” as a catalog subject heading since 1993, and the term “aliens, illegal” since 1980. (Padilla and Rivera, Library of Congress to stop using term ‘illegal alien,’ Los Angeles Times (Apr. 3, 2016) <http://www.latimes.com/nation/la-na-library-congress-alien-20160403-story.html> [as of Jun. 18, 2016].).

Support: None Known

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation:

AB 1850 (E. Garcia, 2016), would replace the word “alien” with the term “foreign national” in the California Education Code. These changes to specified provisions of the Education Code will take place only if the Superintendent of Public Instruction certifies to the Secretary of State of California that this terminology has been changed in federal law. The bill is currently in the Senate Appropriations Committee.

SB 1351 (De León, 2016) would strike the term of “alien” from a Civil Code statute that provides for equal property rights for all people regardless of citizenship status, and replace the term with “noncitizen.” The bill is currently in the Assembly.

Prior Legislation: SB 432 (Mendoza, 2015) deleted the definition of “alien” in Labor Code describing a person who was not born in or a fully naturalized citizen of the United States. It also deleted a provision requiring those preferences be applied to the extension of public works employment during periods of unemployment in the state.

Prior Vote:

Assembly Floor (Ayes 61, Noes 9)

Assembly Judiciary Committee (Ayes 7, Noes 1)

**************

ASSEMBLY THIRD READING

ATR Bill Id:AJR 38

Author:(Eduardo Garcia)

As Introduced Ver:April 27, 2016

Majority vote

SUMMARY: Urges Congress to enact H.R. 3785 (CHANGE Act) which would prohibit federal executive agencies from using the derogatory terms "alien" and "illegal alien" to refer to immigrants, and that would trigger similar changes in the California Education Code, pending the outcome of current state legislation. Specifically, this resolution:

1. Finds and declares that California has over 10 million immigrants, coming from more than 60 countries, who are projected to make up 27% of the state's population in 2030.
2. States that immigrants are a keystone part of our culture, politics, and society, have helped shape California's strong identity; and finds that more than a third of working-age adults in the state are immigrants, contributing largely to our state's entrepreneurial and economic success.
3. States that immigration remains at the center of national debate, and that terms "illegal" and "alien," when used in reference to people, have undergone demeaning and derogatory connotations and have become increasingly associated with racist sentiments.
4. States that the legitimacy of the word "alien" as a legal definition is being called into question with the passage of Senate Bill 432 (Mendoza), Chapter 160, Statutes of 2015, and finds that prominent media and newspaper organizations nationwide have stopped using the terms "illegal" and "alien" to describe people immigrating to, and residing in, the United States.
5. States that H.R. 3785 has been introduced in the 114th Congress, also known as the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, that would prohibit federal executive agencies from using the derogatory term "alien" to refer to an individual who is not a citizen or national of the United States.
6. Urges Congress to pass, and the President of the United States to sign, the CHANGE Act.

FISCAL EFFECT: None.

COMMENTS: This measure urges Congress to enact H.R. 3785 (CHANGE Act), pending federal legislation which would prohibit federal executive agencies from using the derogatory terms "alien" and "illegal alien" to refer to immigrants, and that would trigger similar changes in the California Education Code, pending the outcome of the author's bill AB 1850 of the current legislative session, recently approved by this Committee. According to the author:

Current law uses the term "illegal alien" to describe a person who is not a citizen or national in the United States. This language is derogatory and antiquated and this bill would seek means to remove and replace this word with the word "foreign national." This would complete the effort made by the legislature to completely remove the term "illegal aliens" from the California code and to move society forward away from this term.

Contingent relationship between the federal CHANGE Act and current state legislation. Legislation pending in Congress, titled the "Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act" (H.R. 3785, Castro) would prohibit an executive agency from using the terms "alien" and "illegal alien" in any rule, regulation, interpretation, publication, other document, display, or sign issued by the agency, and instead replace the term "alien" with "foreign national," and "illegal alien" with "undocumented foreign national." Pending state legislation, AB 1850, by the same author of this measure, would make similar changes in the California Education Code. Specifically, AB 1850 would replace the word "alien" with the term "foreign national" in specified provisions of the Education Code only if the Superintendent of Public Instruction certifies to the Secretary of State of California that this terminology has been changed in federal law. Because of their relation to the federal Immigration Reform and Control Act of 1986, for purposes of consistency AB 1850 would not codify such changes to the Education Code unless identical changes are also enacted in the federal statutes. At this time, however, the CHANGE Act has not yet advanced in the House of Representatives; thus, this measure reflects the author's effort to have the Legislature urge Congress to pass the CHANGE Act so that such terminology would be replaced in federal law as well as in California law.

Recent movement away from the use of the term "illegal alien" by journalists and government institutions when referring to immigrants. This bill is another step in a growing movement to eliminate customary usage of the term "illegal alien" in state and federal laws, as well as in journalism and library practice. The Pew Research Center noted in 2013 that several news organizations, including The Los Angeles Times and The Associated Press, announced a ban on the term "illegal immigrant" because they said it lacked precision and broadly labeled a large group. Their analysis of terminology used by the news media in stories about immigrants found that the use of the term 'illegal alien' reached its low point in 2013, dropping to 5% of terms used—in contrast to the other periods studied, where its use had consistently been in double digits (peaking at 21% in 2007). According to the Pew Center study, this corresponded with increased use in the press of alternative terms such as "undocumented immigrant" or "undocumented person" over that time period

Last year the Legislature approved and the Governor signed SB 432 (Mendoza), Chapter 160, Statutes of 2015, which eliminates references to "alien" throughout the Labor Code. In a Los Angeles Times editorial, Senator Mendoza was quoted as saying: "'Alien' is now commonly considered a derogatory term for a foreign-born person and has very negative connotations. The United States is a country of immigrants who not only form an integral part of our culture and society but are also critical contributors to our economic success."

Finally, even the Library of Congress has taken steps to eliminate the term "illegal alien" by announcing in late March that it would no longer use that term as a bibliographical term. According to a recent article in the L.A. Times, the Library of Congress has used the term "illegal aliens" as a catalog subject heading since 1993, and before that they had used the term "aliens, illegal" since 1980. ("Library of Congress to stop using term 'illegal alien'"; Los Angeles Times, April 3, 2016.)

Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0003414

Date of Hearing: June 8, 2016

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AJR 38

Author:(Eduardo Garcia) – As Introduced Ver:April 27, 2016

SUBJECT: FOREIGN NATIONALS: CHANGE ACT

KEY ISSUE: SHOULD the legislature urge congress to enact h.r.3785 ("the change act") —legislation that would prohibit federal executive agencies from using the derogatory terms "alien" and "illegal alien" to refer to individuals who are not citizens or nationals of the united states?

SYNOPSIS

This measure seeks to have the Legislature urge Congress to pass, and the President to sign, H.R. 3785 ("The CHANGE Act") which would prohibit federal executive agencies from using the derogatory terms "alien" and "illegal alien" to refer to immigrants. This measure is part of a growing movement to eliminate customary usage of the term "illegal alien" in state and federal laws, as well as in journalism and library practice. According to the author, the use of these terms is derogatory and antiquated, and thus deserves to be eliminated from official government usage. In 2013, several news organizations, including The Los Angeles Times and The Associated Press, announced they would not use the term “illegal immigrant” in articles, and in March 2016, the Library of Congress announced that it would no longer use the term "illegal alien" as a bibliographical term. This measure encourages passage of the CHANGE Act to cease using these terms at the federal level, while a previous bill by this author, AB 1850, seeks to make similar changes in the California Education Code. AB 1850 was approved unanimously by this Committee in April. Assuming AB 1850 is signed into law, its changes to the Education Code would not become effective unless identical changes are also enacted in the federal statutes, in order to ensure consistency between related federal and state law. Thus, this measure reflects the author's simultaneous efforts to have the Legislature urge Congress to pass, and the President to sign, the CHANGE Act, so that AB 1850 might also eliminate use of these terms in California law. This measure has no known opposition.

SUMMARY: Urges Congress to enact H.R. 3785 ("The CHANGE Act") which would prohibit federal executive agencies from using the derogatory terms "alien" and "illegal alien" to refer to immigrants, and that would trigger similar changes in the California Education Code, pending the outcome of current state legislation. Specifically, this measure:

1. Finds and declares that California has over 10 million immigrants, coming from more than 60 countries, who are projected to make up 27 percent of the state's population in 2030.
2. States that immigrants are a keystone part of our culture, politics, and society, have helped shape California’s strong identity; and finds that more than a third of working-age adults in the state are immigrants, contributing largely to our state’s entrepreneurial and economic success.
3. States that immigration remains at the center of national debate, and that terms “illegal” and “alien,” when used in reference to people, have undergone demeaning and derogatory connotations and have become increasingly associated with racist sentiments.
4. States that the legitimacy of the word “alien” as a legal definition is being called into question with the passage of Senate Bill 432 (2015), and finds that prominent media and newspaper organizations nationwide have stopped using the terms “illegal” and “alien” to describe people immigrating to, and residing in, the United States.
5. States that H. R. 3785 has been introduced in the 114th Congress, also known as the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act, that would prohibit federal executive agencies from using the derogatory term “alien” to refer to an individual who is not a citizen or national of the United States.
6. Urges Congress to pass, and the President of the United States to sign, the CHANGE Act.

EXISTING FEDERAL LAW contains numerous references to "illegal aliens," including, but not limited to, the following:

1. Section 432 (e) of the Homeland Security Act of 2002 (6 U.S.C. 240 (e)).
2. Section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. 1252c).
3. Section 280 (b)(3)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1330 (b)(3)(A)(iii)).
4. Section 286 (r)(3)(ii) of the Immigration and Nationality Act (8 U.S.C. 1356 (r)(3)(ii)).
5. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365).
6. Section 332 of the Omnibus Consolidated Appropriations Act of 1997 (8 U.S.C. 1366).
7. Section 411 (d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621 (d)).
8. Section 40125 (a)(2) of title 49, United States Code.

EXISTING STATE LAW:

1. Makes certain findings and declarations relative to the federal Immigration Reform and Control Act of 1986 (Public Law 99-603) (the Act), including stating that as many as 1,700,000 illegal aliens could be granted amnesty and would seek permanent residency in California under the Act. Further states Legislative intent to establish a state test for use by eligible aliens to attest to their understanding of English and understanding of the history and government of the United States, to meet the requirements of the Act. (Education Code Section 32400.)
2. Uses the word “alien” or "resident alien" in several unrelated sections of the Education Code, including sections pertaining to the internment of Japanese Americans during World War II, determination of a student's residence, and adult education, among other things. (Education Code Sections 13000, 52613, 52651, 68062, 68130.5, and 69505.)

FISCAL EFFECT: As currently in print this measure is keyed non-fiscal.

COMMENTS: This measure urges Congress to enact H.R. 3785 ("The CHANGE Act"), pending federal legislation which would prohibit federal executive agencies from using the derogatory terms "alien" and "illegal alien" to refer to immigrants, and that would trigger similar changes in the California Education Code, pending the outcome of the author's bill AB 1850, recently approved by this Committee. According to the author:

Current law uses the term “illegal alien” to describe a person who is not a citizen or national in the United States. This language is derogatory and antiquated and this bill would seek means to remove and replace this word with the word “foreign national.” This would complete the effort made by the legislature to completely remove the term “illegal aliens” from the California code and to move society forward away from this term.

Contingent relationship between the federal CHANGE Act and current state legislation. Legislation pending in Congress, titled the “Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act” (H.R.3785, Castro) would prohibit an executive agency from using the terms “alien” and “illegal alien” in any rule, regulation, interpretation, publication, other document, display, or sign issued by the agency, and instead replace the term “alien” with “foreign national,” and “illegal alien” with “undocumented foreign national.” Pending state legislation, AB 1850, by the author of this measure, would make similar changes in the California Education Code. Specifically, AB 1850 would replace the word “alien” with the term “foreign national” in specified provisions of the Education Code only if the Superintendent of Public Instruction certifies to the Secretary of State of California that this terminology has been changed in federal law. Because of their relation to the federal Immigration Reform and Control Act of 1986, for purposes of consistency AB 1850 would not codify such changes to the Education Code unless identical changes are also enacted in the federal statutes. At this time, however, the CHANGE Act has not yet advanced in the House of Representatives; thus, this measure reflects the author's parallel efforts to have the Legislature urge Congress to pass, and the President to sign, the CHANGE Act so that such terminology would be replaced in federal law as well as in California law, should AB 1850 be chaptered into law.

Recent movement away from the use of the term "illegal alien" by journalists and government institutions when referring to immigrants. This bill is another step in a growing movement to eliminate customary usage of the term "illegal alien" in state and federal laws, as well as in journalism and library practice. The Pew Research Center noted in 2013 that several news organizations, including The Los Angeles Times and The Associated Press, announced a ban on the term “illegal immigrant” because they said it lacked precision and broadly labeled a large group. Their analysis of terminology used by the news media in stories about immigrants found that the use of the term ‘illegal alien’ reached its low point in 2013, dropping to 5% of terms used—in contrast to the other periods studied, where its use had consistently been in double digits (peaking at 21% in 2007). According to the Pew Center study, this corresponded with increased use in the press of alternative terms such as "undocumented immigrant" or "undocumented person" over that time period. (Available at: http://www.pewresearch.org/fact-tank/2013/06/17/illegal-undocumented-unauthorized-news-media-shift-language-on-immigration/.)

Last year the Legislature approved and the Governor signed SB 432 (Mendoza), Ch. 160, Stats. 2015, which eliminates references to "alien" throughout the Labor Code. In a Los Angeles Times editorial, Sen. Mendoza was quoted as saying: " 'Alien' is now commonly considered a derogatory term for a foreign-born person and has very negative connotations. The United States is a country of immigrants who not only form an integral part of our culture and society but are also critical contributors to our economic success." (See: http://www.latimes.com/opinion/op-ed/la-oe-0814-vargas-illegal-alien-20150813-story.html.)

Finally, even the Library of Congress has taken steps to eliminate the term "illegal alien" by announcing in late March that it would no longer use that term as a bibliographical term. According to a recent article in the L.A. Times, the Library of Congress has used the term "illegal aliens" as a catalog subject heading since 1993, and before that they had used the term "aliens, illegal" since 1980. ("Library of Congress to stop using term 'illegal alien'"; Los Angeles Times, April 3, 2016. Available at: http://www.latimes.com/nation/la-na-library-congress-alien-20160403-story.html.)

Pending Legislation: AB 1850 (E. Garcia) seeks to remove the term "illegal alien" from various sections of the Education Code where it appears, and replace it with the term "foreign national," or other more appropriate term, depending on the context. Under the bill, these changes would only become effective if the CHANGE Act is enacted into law by Congress and signed by the President. AB 1850 is pending hearing in the Senate Education Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334