CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AJR 19

Author:(Gloria)

As Amended Ver:Aug 28, 2019

Majority vote

SUMMARY:

Expresses support for the resettlement of refugees in the United States and particularly in California. This resolution also make various findings and declarations

Major Provisions

1. Makes the following declarations:
   1. The Office of the United Nations High Commissioner for Refugees has determined that there are over 25,900,000 refugees worldwide, over one-half of whom are under 18 years of age.
   2. These refugees include torture survivors, people with severe medical conditions, LGBTIQ individuals, orphaned children, and women at risk of gender-based violence, all of whom cannot return to their homelands and cannot stay in their host countries due to their extreme vulnerability.
   3. Given the unbelievable hardships that they have experienced and their value and contributions as residents of the great State of California, it is fitting and proper for this state to declare itself a welcoming home for the refugees resettled in our communities.
2. Resolves on behalf of the Assembly and the Senate of the State of California, jointly, in light of the above, the following:
   1. That the Legislature welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin, and calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world's most vulnerable refugees; and be it further
   2. That the Legislature calls on the federal government to resettle all 30,000 refugees that the United States has committed to resettle in the fiscal year 2019; and be it further
   3. That the Legislature calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020; and be it further 
   4. That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, to the Majority Leader of the Senate, to the Speaker of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

The Senate Amendments:

Updates the number of refugees to reflect the latest United Nations High Commissioner for Refugees (UNHCR) figures and removes the potential implication that no refugees came to California prior to 1975.

COMMENTS:

According to the UNHCR, 25.9 million people in the world are considered to be refugees and over half of whom are under the age of 18. This is the highest number seen since the UNHCR was founded in 1950 in the aftermath of World War II, when there were 22.5 million refugees. Even though today's number of refugees is record-breaking, countries around the world, including the United States, have made major reductions in the number of refugees they are willing to accept. Congress recently responded to the longstanding efforts by the current presidential administration to significantly lower resettlement efforts in the United States by introducing legislation titled The GRACE Act or HR 2146, which is pending in the House of Representatives, and calls on the United States to admit 95,000 refugees for fiscal year 2020. S.1088 is also pending in the Senate, which is identical to HR 2146.

According to the Author:

Assembly Joint Resolution 19 welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin…This resolution also calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world's most vulnerable refugees. Refugee resettlement is a collaborative effort involving federal, state, county, and nonprofit entities, so it is of the utmost importance that everyone comes together as a unified front.

Additionally, it calls upon the federal government to resettle all 30,000 refugees that the U.S. has committed to resettle in the fiscal year 2019 and calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. It is imperative that the United States of America continues to be welcoming and responsible in the international community.

Arguments in Support:

The International Rescue Committee writes in support of this resolution stating:

For decades, California has been a leader in the U.S. Resettlement program, welcoming thousands of refugees over the last four decades into our communities. Despite the history and success of refugee resettlement, the Trump Administration has taken steps to restructure the program in a way that limits access, funding, and impact. In addition to setting the lowest admissions ceiling in the history of the program at 30,000, delays in processing applications mean the U.S. will fall short of that number this year. We therefore are immensely grateful for the language of this resolution calling on the Administration to resettle the full 30,000 refugees before the end of this year and to raise the admissions number next year.

Arguments in Opposition:

None

FISCAL COMMENTS:

None

VOTES:

ASM JUDICIARY: 9-0-3

YES: Mark Stone, Chau, Chiu, Gabriel, Holden, Kalra, Maienschein, Petrie-Norris, Reyes

ABS, ABST OR NV: Gallagher, Kiley, Obernolte

ASSEMBLY FLOOR: 57-0-22

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Chau, Chiu, Chu, Cunningham, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Maienschein, Mayes, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Bigelow, Brough, Cervantes, Chen, Choi, Cooley, Cooper, Diep, Flora, Fong, Gallagher, Kiley, Lackey, Limón, Low, Mathis, McCarty, Melendez, Obernolte, Patterson, Voepel, Waldron

SENATE FLOOR: 30-0-10

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

ABS, ABST OR NV: Bates, Borgeas, Dahle, Grove, Jones, Moorlach, Morrell, Nielsen, Stone, Wilk

UPDATED:

VERSION: August 28, 2019

CONSULTANT: Grant Silva / JUD. / (916) 319-2334 FN: 0001551

 THIRD READING  

Bill No: AJR 19

Author: Gloria (D), et al.

Amended: 8/28/19 in Senate

Vote: 21

SENATE JUDICIARY COMMITTEE: 8-0, 8/27/19

AYES: Jackson, Borgeas, Durazo, Lena Gonzalez, Monning, Stern, Umberg, Wieckowski

NO VOTE RECORDED: Jones

ASSEMBLY FLOOR: 57-0, 6/27/19 - See last page for vote

SUBJECT: Refugees

SOURCE: Author

DIGEST:

This resolution makes a series of findings and declarations regarding refugees, the U.S. refugee resettlement program, and the positive contribution to California made by refugees who have resettled here. This resolution urges the federal government to meet its current refugee resettlement commitment and to expand the size of that commitment next year.

ANALYSIS:

Existing law:

1. Provides for the protection of people who have fled persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. (U.N. General Assembly, Universal Declaration of Human Rights, Dec. 10, 1948, 217A(III), Art. 14.)
2. Prohibits the federal government from returning to their home countries people whose life or freedom would be threatened because of the person’s race, religion, nationality, membership in a particular social group, or political opinion. (8 U.S.C. § 1231(b)(3).)
3. Protects all asylum seekers by prohibiting the federal government from returning to their home countries people who have fled persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. (8 U.S.C. § 1101(a)(42)(A).)
4. Defines “refugee” as meaning any person who is outside any country of such person’s nationality, or in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail themselves of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. (8 U.S.C. § 1101 (a)(42)(A).)

This resolution:

1. Points out that there are currently an estimated 25.9 million refugees worldwide, over half of whom are children.
2. Makes a series of finding and declarations regarding the plight of refugees, the history of the U.S. refugee resettlement program, and the volume of refugees that have resettled in California.
3. States that it is fitting and proper for California to declare itself a welcoming home for the refugees resettled in our communities.
4. Calls upon other local governments to join in support of a stronger national effort to resettle the world’s most vulnerable refugees.
5. Calls upon the federal government to:
   1. Resettle all 30,000 refugees that the United States has committed to resettle in the fiscal year 2019; and
   2. Raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020.
6. Directs the Chief Clerk of the Assembly to transmit copies of this resolution to the President and the Vice President of the United States, to the Majority Leader of the Senate, to the Speaker of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

Comments

1. The U.S. Refugee Resettlement Program

Legally speaking, a refugee is an individual who has fled their home country because of persecution, or a well-founded fear of persecution, on account of that persons, race, religion, nationality, membership in a particular social group, or political opinion. (8 U.S.C. § 1101 (a)(42)(A).)

Each year, the U.S. President proposes a maximum number of refugee admissions to the United States. This proposed cap then requires Congressional approval. Between 2001 and 2015, these caps ranged between 70,000 and 80,000, though fewer refugees than that were actually admitted into the country. In 2016, President Obama increased the number of refugees approved for entry to 85,000 in response to the crisis in Syria. He proposed further increasing that figure to 110,000 for 2017. Upon taking office, President Trump rescinded President Obama’s proposed increase and instead authorized only 50,000 refugee arrivals in 2017. He followed that with further decreases: to 40,000 in 2018 and to a mere 30,000 for 2019. This is, according to the Council on Foreign Relations, “by far the lowest cap since the introduction of the program.”^[1] According to the author of this resolution:

The current presidential administration has drastically cut the nation’s refugee arrivals and effectively eliminated almost half of the refugee resettlement spots available in the world. In fiscal year 2018, only 22,491 people were processed by the Department of State, compared to 84,994 in 2016. This is unacceptable, considering that there are currently 25.4 million refugees awaiting resettlement globally.

1. Other Categories of Humanitarian Immigrants Referenced in the Resolution

Two other categories of humanitarian immigrants are mentioned in this resolution: asylum-seekers and special immigrant visa (SIV) holders. Asylum-seekers are essentially the same as refugees (the terms are sometimes used interchangeably), except that, technically speaking, whereas a refugee applies for authorization to come to the United States from abroad, asylum-seekers apply for authorization to remain in the United States upon arriving here or after entering the country. SIV holders are individuals who have assisted the U.S. military or government in some fashion and who have been threatened with reprisals as a result.

Although this resolution mentions asylum-seekers and SIV holders among its findings and declarations, the call for action relates just to the refugee resettlement program.

1. Foundation for the Statistics Cited in the Resolution

This resolution cites a number of statistics. It begins by asserting that: “the Office of the United Nations High Commissioner for Refugees [UNHCR] has determined that there are over 25,900,000 refugees worldwide, over one-half of whom are under 18 years of age.” This number reflects the most recent UNHCR estimate, the highest ever recorded. ^[2] The statement that over half of refugees are children derives from another UNHCR report.^[3]

This resolution goes on to say that California welcomed refugees in 1975 after the fall of Saigon. This statement finds some support in “A Brief History of the Office of Refugee Resettlement,” which explains that:

With the fall of Vietnam in April of 1975, the U.S. faced the challenge of resettling hundreds of thousands of Indochinese using a Refugee Task Force and temporary funding. As a result, Congress realized the need for refugee resettlement services and passed The Refugee Act of 1980, standardizing resettlement services for all refugees admitted to the United States.^[4]

Finally, this resolution states that agencies have resettled over 700,000 refugees and over 18,000 SIV recipients in California over the last 40 years. These numbers come from the California Refugee Programs Bureau’s tracking data.^[5]

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

SUPPORT: (Verified 8/28/19)

International Rescue Committee

OPPOSITION: (Verified 8/28/19)

None received

ARGUMENTS IN SUPPORT: According to the author:

Assembly Joint Resolution 19 welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. California has been and continues to be a home to refugees, asylees and SIV recipients from vastly diverse backgrounds and the state has led legislative efforts to assist with their adjustment to living in the United States. These new residents are valuable members of our communities who contribute more than they consume in state-funded services.

AJR 19 also calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world’s most vulnerable refugees. Refugee resettlement is a collaborative effort involving federal, state, county, and nonprofit entities, so it is of the utmost importance that everyone comes together as a unified front.

Additionally, it calls upon the federal government to resettle all 30,000 refugees that the U.S. has committed to resettle in the fiscal year 2019 and calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. It is imperative that the USA continues to be welcoming and responsible in the international community.

ASSEMBLY FLOOR: 57-0, 6/27/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Chau, Chiu, Chu, Cunningham, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Maienschein, Mayes, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Bigelow, Brough, Cervantes, Chen, Choi, Cooley, Cooper, Diep, Flora, Fong, Gallagher, Kiley, Lackey, Limón, Low, Mathis, McCarty, Melendez, Obernolte, Patterson, Voepel, Waldron

Prepared by: Timothy Griffiths / JUD. / (916) 651-4113

8/29/19 11:32:52

**** END ****

1. Felter and McBride, How Does the U.S. Refugee System Work? (Oct. 2018) Council on Foreign Relations https://www.cfr.org/backgrounder/how-does-us-refugee-system-work (as of Aug. 20, 2019). ↑

2. Figures at a Glance (Jun. 19, 2019) United Nations High Commissioner on Refugees https://www.unhcr.org/en-us/figures-at-a-glance.html (as of Aug. 21, 2019). ↑

3. Children, United Nations High Commissioner on Refugees https://www.unhcr.org/en-us/children-49c3646c1e8.html (as of Aug. 21, 2019). ↑

4. A Brief History of the Office of Refugee Resettlement (ORR) (Jul. 2013) U.S. Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement https://www.acf.hhs.gov/sites/default/files/orr/orr_fact_sheet_brief_history_of_orr.pdf (as of Aug. 20, 2019). ↑

5. Refugee Arrivals Into California Counties FFYs 1975-2017 (Oct. 2017) California Refugee Programs Bureau http://www.cdss.ca.gov/Portals/9/Refugee/Arrivals/arrivals_by_county_and_year_since_1975.pdf?ver=2018-05-23-154958-877; combine Special Immigrant Visa Arrivals to California Counties Federal Fiscal Years 2008 through 2016 (Jan. 2017) California Refugee Programs Bureau http://www.cdss.ca.gov/Portals/9/Refugee/Arrivals/SIV_Arrivals_Chart_To_Date_by_FFY.pdf.pdf?ver=2017-03-08-143557-007 with Special Immigrant Visa Monthly Arrivals to California Counties Federal Fiscal Year 2017 (Oct. 23, 2017) California Refugee Programs Bureau http://www.cdss.ca.gov/Portals/9/Refugee/Arrivals/FFY_2017_SIVs_ChartToDate.pdf?ver=2017-11-04-193553-523 and Special Immigrant Visa Monthly Arrivals to California Counties Federal Fiscal Year 2018 (Feb. 23, 2018) California Refugee Programs Bureau http://www.cdss.ca.gov/Portals/9/Refugee/Arrivals/FFY_2018_SIVs_ChartToDate.pdf?ver=2018-03-06-080653-857 (as of Aug. 21, 2019). ↑

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2019-2020 Regular Session

Bill No: AJR 19 (Author:Gloria)

Version: May 21, 2019

Hearing Date: August 27, 2019

Fiscal: No

Urgency: No

Consultant: TSG

SUBJECT

Refugees

DIGEST

This resolution makes a series of findings and declarations regarding refugees, the U.S. refugee resettlement program, and the positive contribution to California made by refugees who have resettled here. The resolution urges the federal government to meet its current refugee resettlement commitment and to expand the size of that commitment next year.

EXECUTIVE SUMMARY

Under U.S. and international law, a refugee is someone who has been displaced from their homeland due to persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. According to the United Nations High Commissioner for Refugees (UNHCR), there are currently closet to 26 million refugees worldwide.

Over the past four decades, the United States has upheld its commitment under international agreements to accept and resettle tens of thousands of refugees each year. Many of these refugees have become integral parts of the California community. Since taking office in 2017, however, the Trump Administration has dramatically scaled back on the U.S. commitment to accept refugee arrivals and initially attempted to freeze the refugee resettlement program altogether.

This resolution highlights the plight of refugees worldwide and affirms the positive contribution that resettled refugees have made to California. It calls upon the federal government to live up to its current refugee resettlement commitment and urges an even greater commitment in the coming year.

The bill is author-sponsored. There is no known support or opposition at this time.

PURPOSES OF THIS MEASURE

Existing law:

1. Provides for the protection of people who have fled persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. (U.N. General Assembly, Universal Declaration of Human Rights, Dec. 10, 1948, 217A(III), Art. 14.)
2. Prohibits the federal government from returning to their home countries people whose life or freedom would be threatened because of the person’s race, religion, nationality, membership in a particular social group, or political opinion. (8 U.S.C. § 1231(b)(3).)
3. Protects all asylum seekers by prohibiting the federal government from returning to their home countries people who have fled persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. (8 U.S.C. § 1101(a)(42)(A).)
4. Defines “refugee” as meaning any person who is outside any country of such person’s nationality, or in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail themselves of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. (8 U.S.C. § 1101 (a)(42)(A).)

This resolution:

1. Points out that there are currently an estimated 22.5 million refugees worldwide, over half of whom are children.
2. Makes a series of finding and declarations regarding the plight of refugees, the history of the U.S. refugee resettlement program, and the volume of refugees that have resettled in California.
3. States that it is fitting and proper for California to declare itself a welcoming home for the refugees resettled in our communities.
4. Calls upon other local governments to join in support of a stronger national effort to resettle the world’s most vulnerable refugees.
5. Calls upon the federal government to:
6. resettle all 30,000 refugees that the United States has committed to resettle in the fiscal year 2019; and
7. raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020.
8. Directs the Chief Clerk of the Assembly to transmit copies of this resolution to the President and the Vice President of the United States, to the Majority Leader of the Senate, to the Speaker of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

COMMENTS

1. Background on the U.S. refugee resettlement program

Legally speaking, a refugee is an individual who has fled their home country because of persecution, or a well-founded fear of persecution, on account of that persons, race, religion, nationality, membership in a particular social group, or political opinion. (8 U.S.C. § 1101 (a)(42)(A).)

Each year, the U.S. President proposes a maximum number of refugee admissions to the United States. This proposed cap then requires Congressional approval. Between 2001 and 2015, these caps ranged between 70,000 and 80,000, though fewer refugees than that were actually admitted into the country. In 2016, President Obama increased the number of refugees approved for entry to 85,000 in response to the crisis in Syria. He proposed further increasing that figure to 110,000 for 2017. Upon taking office, President Trump rescinded President Obama’s proposed increase and instead authorized only 50,000 refugee arrivals in 2017. He followed that with further decreases: to 40,000 in 2018 and to a mere 30,000 for 2019. This is, according to the Council on Foreign Relations, “by far the lowest cap since the introduction of the program.”^[1] According to the author of this resolution:

The current presidential administration has drastically cut the nation’s refugee arrivals and effectively eliminated almost half of the refugee resettlement spots available in the world. In fiscal year 2018, only 22,491 people were processed by the Department of State, compared to 84,994 in 2016. This is unacceptable, considering that there are currently 25.4 million refugees awaiting resettlement globally.

2. Other categories of humanitarian immigrants referenced in the resolution

Two other categories of humanitarian immigrants are mentioned in the resolution: asylum-seekers and special immigrant visa (SIV) holders. Asylum-seekers are essentially the same as refugees (the terms are sometimes used interchangeably), except that, technically speaking, whereas a refugee applies for authorization to come to the United States from abroad, asylum-seekers apply for authorization to remain in the United States upon arriving here or after entering the country. SIV holders are individuals who have assisted the U.S. military or government in some fashion and who have been threatened with reprisals as a result.

Although this resolution mentions asylum-seekers and SIV holders among its findings and declarations, the call for action relates just to the refugee resettlement program.

3. Foundation for the statistics cited in the resolution

This resolution cites a number of statistics. It begins by asserting that: “the Office of the United Nations High Commissioner for Refugees [UNHCR] has determined that there are over 22,500,000 refugees worldwide, over one-half of whom are under 18 years of age.” The statement that over half of refugees are children derives from an UNHCR report.^[2] Since the time this resolution was initially drafted, UNCHR has updated its data on the number of refugees worldwide. The figure is now 25.9 million, the highest ever recorded.^[3]

The resolution goes on to say that California first welcomed refugees in 1975 after the fall of Saigon. This statement finds some support in “A Brief History of the Office of Refugee Resettlement,” which explains that:

With the fall of Vietnam in April of 1975, the U.S. faced the challenge of resettling hundreds of thousands of Indochinese using a Refugee Task Force and temporary funding. As a result, Congress realized the need for refugee resettlement services and passed The Refugee Act of 1980, standardizing resettlement services for all refugees admitted to the United States.^[4]

However, while the United States formalized its refugee resettlement programs in the early 1980s, it had accepted refugees on an ad hoc basis prior to that time, so it is likely that some refugees resettled in the California prior to 1975.^[5]

Finally, the resolution states that agencies have resettled over 700,000 refugees and over 18,000 special immigrant visa recipients in California over the last 40 years. These numbers come from the California Refugee Programs Bureau’s tracking data.^[6]

4. Proposed amendments

In order to address the issues set forth in the Comments, above, the author proposes to incorporate amendments into the measure that would:

• update the number of refugees to reflect the latest UNHCR figures; and
• remove the potential implication that no refugees came to California prior to 1975.

5. Arguments in support of the bill

According to the author:

Assembly Joint Resolution 19 welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. California has been and continues to be a home to refugees, asylees and SIV recipients from vastly diverse backgrounds and the state has led legislative efforts to assist with their adjustment to living in the United States. These new residents are valuable members of our communities who contribute more than they consume in state-funded services.

AJR 19 also calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world’s most vulnerable refugees. Refugee resettlement is a collaborative effort involving federal, state, county, and nonprofit entities, so it is of the utmost importance that everyone comes together as a unified front.

Additionally, it calls upon the federal government to resettle all 30,000 refugees that the U.S. has committed to resettle in the fiscal year 2019 and calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. It is imperative that the USA continues to be welcoming and responsible in the international community.

SUPPORT

None known

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation: None known

Prior Legislation:

HR 33 (McCarty, 2019) reaffirmed the bipartisan commitment of the United States to promote the safety, health, and well-being of the millions of refugees and displaced persons. Calls upon the federal government to continue its international leadership role in response to those who have been displaced.

HR 91 (McCarty, 2018) was nearly identical to HR 33, above.

HR 23 (McCarty, 2017) was nearly identical to HR 33, above.

PRIOR VOTES:

Assembly Floor (Ayes 57, Noes 0)

Assembly Judiciary Committee (Ayes 9, Noes 0)

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

1. Felter and McBride, How Does the U.S. Refugee System Work? (Oct. 2018) Council on Foreign Relations https://www.cfr.org/backgrounder/how-does-us-refugee-system-work (as of Aug. 20, 2019). ↑

2. Children, United Nations High Commissioner on Refugees https://www.unhcr.org/en-us/children-49c3646c1e8.html (as of Aug. 21, 2019). ↑

3. Figures at a Glance (Jun. 19, 2019) United Nations High Commissioner on Refugees https://www.unhcr.org/en-us/figures-at-a-glance.html (as of Aug. 21, 2019). ↑

4. A Brief History of the Office of Refugee Resettlement (ORR) (Jul. 2013) U.S. Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement https://www.acf.hhs.gov/sites/default/files/orr/orr_fact_sheet_brief_history_of_orr.pdf (as of Aug. 20, 2019). ↑

5. Felter and McBride, How Does the U.S. Refugee System Work? (Oct. 2018) Council on Foreign Relations https://www.cfr.org/backgrounder/how-does-us-refugee-system-work (as of Aug. 20, 2019). ↑

6. Refugee Arrivals Into California Counties FFYs 1975-2017 (Oct. 2017) California Refugee Programs Bureau http://www.cdss.ca.gov/Portals/9/Refugee/Arrivals/arrivals_by_county_and_year_since_1975.pdf?ver=2018-05-23-154958-877; combine Special Immigrant Visa Arrivals to California Counties Federal Fiscal Years 2008 through 2016 (Jan. 2017) California Refugee Programs Bureau http://www.cdss.ca.gov/Portals/9/Refugee/Arrivals/SIV_Arrivals_Chart_To_Date_by_FFY.pdf.pdf?ver=2017-03-08-143557-007 with Special Immigrant Visa Monthly Arrivals to California Counties Federal Fiscal Year 2017 (Oct. 23, 2017) California Refugee Programs Bureau http://www.cdss.ca.gov/Portals/9/Refugee/Arrivals/FFY_2017_SIVs_ChartToDate.pdf?ver=2017-11-04-193553-523 and Special Immigrant Visa Monthly Arrivals to California Counties Federal Fiscal Year 2018 (Feb. 23, 2018) California Refugee Programs Bureau http://www.cdss.ca.gov/Portals/9/Refugee/Arrivals/FFY_2018_SIVs_ChartToDate.pdf?ver=2018-03-06-080653-857 (as of Aug. 21, 2019). ↑

ASSEMBLY THIRD READING

ATR Bill Id:AJR 19

Author:(Gloria)

As Introduced Ver:May 21, 2019

Majority vote

SUMMARY:

Expresses support for the resettlement of refugees in the United States and particularly in California, regardless of their race, religion, nationality, sexual orientation, gender identity, or country of origin. This resolution also calls on the federal government to fulfill its pledge, made via Presidential Determination No. 2019-01 in October of 2018 to resettle all 30,000 refugees in the United States for fiscal year 2019 and to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020.

Major Provisions

1. Makes the following declarations:
   1. The Office of the United Nations High Commissioner for Refugees has determined that there are over 22,500,000 refugees worldwide, over one-half of whom are under 18 years of age.
   2. These refugees include torture survivors, people with severe medical conditions, LGBTIQ individuals, orphaned children, and women at risk of gender-based violence, all of whom cannot return to their homelands and cannot stay in their host countries due to their extreme vulnerability.
   3. Given the unbelievable hardships that they have experienced and their value and contributions as residents of the great State of California, it is fitting and proper for this state to declare itself a welcoming home for the refugees resettled in our communities.
2. Resolves on behalf of the Assembly and the Senate of the State of California, jointly, in light of the above, the following:
   1. That the Legislature welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin, and calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world's most vulnerable refugees; and be it further
   2. That the Legislature calls on the federal government to resettle all 30,000 refugees that the United States has committed to resettle in the fiscal year 2019; and be it further
   3. That the Legislature calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020; and be it further 
   4. That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, to the Majority Leader of the Senate, to the Speaker of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

COMMENTS:

This resolution would declare the state's support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. Additionally, this resolution calls on the federal government to fulfill its pledge, made via Presidential Determination No. 2019-01 in October of 2018 to resettle all 30,000 refugees in the United States for fiscal year 2019 and to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. According to the United Nations High Commissioner for Refugees (UNHCR), 25.4 million people in the world are considered to be refugees and over half of whom are under the age of eighteen. This is the highest number seen since the UNHCR was founded in 1950 in the aftermath of World War II, when there were 22.5 million refugees. Even though today's number of refugees is record-breaking, countries around the world, including the United States, have made major reductions in the number of refugees they are willing to accept. Congress recently responded to the longstanding efforts by the current presidential administration to significantly lower resettlement efforts in the United States by introducing legislation titled The GRACE Act or HR 2146, which is pending in the House of Representatives, and calls on the United States to admit 95,000 refugees for fiscal year 2020. S.1088 is also pending in the Senate, which is identical to HR 2146.

According to the Author:

Assembly Joint Resolution 19 welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. California has been and continues to be a home to refugees, asylees and SIV recipients from vastly diverse backgrounds and the state has led legislative efforts to assist with their adjustment to living in the United States. These new residents are valuable members of our communities who contribute more than they consume in state-funded services.

AJR 19 also calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world's most vulnerable refugees. Refugee resettlement is a collaborative effort involving federal, state, county, and nonprofit entities, so it is of the utmost importance that everyone comes together as a unified front.

Additionally, it calls upon the federal government to resettle all 30,000 refugees that the U.S. has committed to resettle in the fiscal year 2019 and calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. It is imperative that the USA continues to be welcoming and responsible in the international community.

Arguments in Support:

None

Arguments in Opposition:

None

FISCAL COMMENTS:

None

VOTES:

ASM JUDICIARY: 9-0-3

YES: Mark Stone, Chau, Chiu, Gabriel, Holden, Kalra, Maienschein, Petrie-Norris, Reyes

ABS, ABST OR NV: Gallagher, Kiley, Obernolte

UPDATED:

VERSION: May 21, 2019

CONSULTANT: Grant Silva / JUD. / (916) 319-2334 FN: 0001100

Date of Hearing: June 18, 2019

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AJR 19

Author:(Gloria) – As Introduced Ver:May 21, 2019

SUBJECT: REFUGEES

KEY ISSUES:

1. SHOULD THE LEGISLATURE RESOLVE THAT CONGRESS AND THE PRESIDENTIAL ADMINISTRATION COMMIT TO THE RESETTLEMENT OF 30,000 REFUGEES, A GOAL FOR THE UNITED STATES ESTABLISHED BY PRESIDENTIAL DETERMINATION FOR FISCAL YEAR 2019?
2. IN ORDER TO STRENGTHEN OUR NATION’S EFFORT TO RESETTLE the expanding and vulnerable REFUGEE population, SHOULD THE LEGISLATURE RESOLVE THAT CONGRESS AND THE PRESIDENTIAL ADMINISTRATION RAISE THE PRESIDENTIAL DETERMINATION FOR FISCAL YEAR 2020 TO AT LEAST 75,000 REFUGEES?

SYNOPSIS

This resolution would declare the state’s support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. Additionally, this resolution calls on the federal government to fulfill its pledge, made via Presidential Determination No. 2019-01 in October of 2018 to resettle all 30,000 refugees in the United States for fiscal year 2019 and to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. Unfortunately, the world refugee population has reached historic and record-breaking levels. This is simultaneously occurring at a time where countries globally are accepting and resettling fewer refugees than previously. This resolution declares that California first welcomed refugees in 1975 after the Fall of Saigon and that it has led legislative efforts since then to enable a simplified adjustment to living in the United States by expanding access to higher education, public education, and workforce development. This resolution declares that refugees also enrich California’s culture and contribute to our economy, as many of them excel in education and start their own businesses.

SUMMARY: Expresses support for the resettlement of refugees in the United States and particularly in California, regardless of their race, religion, nationality, sexual orientation, gender identity, or country of origin. Specifically, this measure:

1. Makes the following declarations:
2. The Office of the United Nations High Commissioner for Refugees has determined that there are over 22,500,000 refugees worldwide, over one-half of whom are under 18 years of age.
3. These refugees include torture survivors, people with severe medical conditions, LGBTIQ individuals, orphaned children, and women at risk of gender-based violence, all of whom cannot return to their homelands and cannot stay in their host countries due to their extreme vulnerability.
4. The United States participates in a resettlement program that is critical to global humanitarian efforts, and reflects America’s finest values, with the State of California first welcoming refugees in 1975 after the fall of Saigon.
5. Refugees that enter the United States are the most vetted travelers to enter this country and are subject to extensive screening checks, including in-person interviews, biometric data checks, and multiple interagency checks.
6. In over 40 years of resettlement programming, agencies have resettled over 700,000 refugees and over 18,000 special immigrant visa (SIV) recipients in California with the most recent refugees arriving from countries, including Afghanistan, the Democratic Republic of Congo, Iraq, Syria, and Iran.
7. California has been and continues to be a home to a diverse population of refugees, asylees, and SIV recipients and has led legislative efforts to enable a more simplified adjustment to living in the United States by expanding access to state higher education and expanding funding for public education services and workforce development.
8. These new residents are workers, students, entrepreneurs, parents, neighbors, and community leaders who contribute more than they consume in state-funded services, including schooling and health care.
9. Refugees contribute to California communities by starting businesses, paying taxes, and sharing their cultural traditions.
10. Given the unbelievable hardships that they have experienced and their value and contributions as residents of the great State of California, it is fitting and proper for this state to declare itself a welcoming home for the refugees resettled in our communities.
11. Resolves on behalf of the Assembly and the Senate of the State of California, jointly, in light of the above, the following:
    1. That the Legislature welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin, and calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world’s most vulnerable refugees; and be it further
    2. That the Legislature calls on the federal government to resettle all 30,000 refugees that the United States has committed to resettle in the fiscal year 2019; and be it further
    3. That the Legislature calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020; and be it further 
    4. That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, to the Majority Leader of the Senate, to the Speaker of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

EXISTING FEDERAL LAW:

1. Establishes the Office of Refugee Resettlement (ORR), which operates within the office of the United States Department of Health and Human Services (USDHHS). ORR’s objective is to “provide a permanent and systematic procedure for the admission to this country of refugees of special humanitarian concern to the United States, and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted.” (Title 8 United States Code Section 1521, et seq.)
2. Establishes the authorized programs for the domestic resettlement and assistance to refugees by requiring the ORR Director to make sufficient resources available for employment training, English-language training, and ensuring that women have the same opportunities as men to participate in training and instruction as well. (Ibid.)
3. Requires the ORR Director to consult with State and local governments and private nonprofit voluntary agencies concerning the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities. (Ibid.)

EXISTING STATE LAW:

1. Establishes the position of Statewide Director of Immigrant Integration, appointed by the Governor, to serve as the statewide lead for the planning and coordination of immigrant services and policies in California. (Government Code Section 65050.)
2. Requires the Director to develop a comprehensive statewide report on programs and services that serve immigrants, develop an online clearinghouse of immigrant services, resources, and programs, and monitor the implementation of statewide laws and regulations that service immigrants. (Ibid.)

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

COMMENTS: This resolution would declare the state’s support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. Additionally, this resolution calls on the federal government to fulfill its pledge, made via Presidential Determination No. 2019-01 in October of 2018 to resettle all 30,000 refugees in the United States for fiscal year 2019 and to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020.

In support of the measure, the author writes:

Assembly Joint Resolution 19 welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. California has been and continues to be a home to refugees, asylees and SIV recipients from vastly diverse backgrounds and the state has led legislative efforts to assist with their adjustment to living in the United States. These new residents are valuable members of our communities who contribute more than they consume in state-funded services.

AJR 19 also calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world’s most vulnerable refugees. Refugee resettlement is a collaborative effort involving federal, state, county, and nonprofit entities, so it is of the utmost importance that everyone comes together as a unified front.

Additionally, it calls upon the federal government to resettle all 30,000 refugees that the U.S. has committed to resettle in the fiscal year 2019 and calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. It is imperative that the USA continues to be welcoming and responsible in the international community.

Past efforts to resettle refugees. The United Nations General Assembly passed General Assembly Resolution 428 (v) in December of 1950 to establish the United Nations High Commissioner for Refugees (UNHCR) in the aftermath of the refugee crisis of World War II. The resolution adopted the mission and policies for the UNHCR, which states as follows:

The United Nations High Commissioner for Refugees…[s]hall assume the function of providing international protection, under the auspices of the United Nations, to refugees who fall within the scope of the present Statute and of seeking permanent solutions for the problem of refugees by assisting Governments and, subject to the approval of the Governments concerned, private organizations to facilitate the voluntary repatriation of such refugees, or their assimilation within new national communities.

In 2003, the United Nations General Assembly extended the UNHCR’s mandate “until the refugee problem is solved.” The United States most notably made a strong commitment to resettle and assimilate Vietnamese refugees after the Fall of Saigon in 1975. This effort was dubbed “Operation New Arrivals” and Camp Pendleton in California was erected as the first military base in the United States to provide accommodations for over 50,000 Vietnamese refugees. At the time, the United States airlifted these refugees from Vietnam in what became known as the largest humanitarian airlift in history.

Recent trends with refugee populations. According to the UNHCR, 25.4 million people in the world are considered to be refugees and over half of whom are under the age of eighteen. This is the highest number seen since the UNHCR was founded in 1950 in the aftermath of World War II, when there were 22.5 million refugees. Even though today’s number of refugees is record-breaking, countries around the world have made major reductions in the number of refugees they are willing to accept. According to the Pew Research Center, the United States resettled 33,000 refugees in 2017, which was a steep drop from 2016, when the number of resettled refugees reached almost 97,000. Compared to other leading countries, the United States has recently attained status as having the most modest resettlement efforts per capita in the world. In 2017, the United States resettled 102 refugees per 1 million U.S. residents, whereas Canada led the world by resettling 725 refugees per 1 million residents, followed by Australia (618) and Norway (528). Overall, the world resettled 103,000 refugees in 2017, down from 189,000 in 2016.

California’s efforts to ease assimilation for refugees. California leads the nation in welcoming refugees, having resettled 7,909 refugees during fiscal year 2016 and 5,164 refugees for fiscal year 2017. In an effort to make resettlement seamless for all refugees who come to California, the Legislature has enacted legislation to aid them in their educational and employment prospects. Last year, the Legislature passed AB 1809 (Chap. 33, Stats. 2018), which aids refugees who have been displaced by wars. The law created an exemption to allow refugees to qualify for resident tuition fees at community colleges. Additionally, AB 99 (Chap. 15, Stats. 2017) appropriated ten million dollars ($10,000,000) from the State General Fund to the California Department of Social Services (CDSS) over three fiscal years beginning in State Fiscal Year (SFY) 2017-18, to provide additional services for refugees and other eligible school-age students. CDSS then used these funds to bolster the Newcomer Education and Well-Being (CalNEW) project, which provides funding to school districts with a significant number of eligible students to improve their well-being, English-language proficiency, and academic performance. The CalNEW project funding is intended to assist school districts in planning, designing, and implementing supplementary instructional and social adjustment support services for refugees. Lastly, AB 99 was enacted to further accommodate the Refugee School Impact (RSI) Program, which assists eligible school age students who have been in the United States five years or less in improving their academic performance and social adjustment through activities focused around academic enrichment, civic engagement, community collaboration, consumer education, employment pathways, and family engagement.

As for employment prospects, the state’s Refugee Programs Bureau (RPB) provides the statewide administration of California’s Refugee Resettlement Program (CRRP) on behalf of CDSS. The RPB is partnered with nonprofit organizations and nongovernmental organizations to provide employment-related services to refugees. This enables refugees to become self-sufficient individuals who feel valued and contribute to their new communities. RPB gives refugees a variety of resources for employment opportunities and job training. The partnership between CDSS and nonprofit or nongovernmental organizations is a critical link to administering real opportunities for successful refugee resettlement. One example is the Sacramento Employment and Training Agency (SETA), which is a joint powers agency of the City and County of Sacramento. SETA has had a refugee program in place since 1983 and its purpose is to assist refugees to become self-sufficient individuals. The program includes employment services, English-language training, and social adjustment and cultural orientation.

Refugee contributions to economies and communities. A recent article in the Los Angeles Times explains some of the economic value that refugees bring to their communities:

[O]ver the past decade, refugees have contributed $63 billion more in tax revenue than they cost in public benefits. On a per capita basis, refugees contributed more than U.S.-born citizens during this period. The longer refugees stay in the U.S., the more enhanced are the benefits they bring to the economy. According to the New American Economy Research Fund, refugees are 50% more likely to become entrepreneurs than American citizens who were born in the United States. The New American Economy Research Fund found that 40% of Fortune 500 companies were founded by refugees, immigrants or their children. In 2013 and 2015, more than half of the top 10 students at one high school in Utica, N.Y., were refugees, a local newspaper reported. The school’s 2015 valedictorian, a refugee from Vietnam, said of her parents: “They put all their hopes and trusts and everything in me. So education becomes a responsibility for me. (Breene, Tim. “Refugees don’t drain America’s economy, They revitalize it.” Los Angeles Times. 12 Feb. 2018.)

Another example of the economic value placed on refugees in the United States is expressed in a February 14, 2017 letter, signed by eighty current and former CEOs, including John Morgridge, Tracey Zhen, and Tom Steyer. The letter, which is addressed to President Trump, states:

As business leaders committed to increasing national prosperity, we fully recognize the economic and security benefits of welcoming refugees and immigrants to the United States. In addition to these benefits, it is an affirmation of the core of the American Dream. We urge you to reconsider policies that single out specific Muslim-majority countries; conduct a speedy and good faith review of security vetting procedures, preferably while allowing existing policies to remain in place; raise the arbitrary cap on the number of refugees admitted to the US; and enact policies that recognize the economic importance of immigrants and a robust refugee resettlement program aligned with the enduring values upon which this country was founded. (“U.S. Business Leaders to Trump: Refugees Enrich America.” International Rescue Committee (IRC), 14 Feb. 2017, www.rescue.org/article/us-business-leaders-trump-refugees-enrich-america.)

Not only do refugees obtain economic value, they also enrich American culture by sharing their traditions and life experiences with neighbors, coworkers, pupils, community members, and religious observers. Refugees introduce new ideas, expertise, customs, art, and cuisines within the new communities they have been placed into. The Los Angeles Times wrote a story about a restaurant owner named Frangoul, who was an Iraqi refugee and resettled in San Diego. He came to California with his son and pregnant wife after fleeing the violence from the Iraq war. The story displays Frangoul’s entrepreneurship and how it allows other San Diego residents to immerse themselves in Iraqi cuisine at Frangoul’s restaurant. The Times explains:

[T]he growing Iraqi population in Frangoul’s neighborhood has led to a vibrant food culture in East County, particularly in El Cajon, which has come to be nicknamed Little Baghdad. “You can feel home here,” one Iraqi customer says. As earlier refugees like Frangoul become more established, they have begun to open restaurants like Zad, offering a diverse American crowd an authentic expression of Iraqi cuisine. (Zablit, Laura. "Little Baghdad, California: Refugee restaurant owners bringing Iraqi cuisine to San Diego County." Los Angeles Times. 6 Dec. 2018.)

Recent and current efforts to undermine refugee resettlement in the United States. In 2017, the Trump administration pushed for a proposal to deport many long-term immigrants from Vietnam, Cambodia, and other countries who the administration alleged to be “violent criminal aliens.” Although, it is important to note that the United States and Vietnam have a unique 2008 agreement that specifically bars the deportation of Vietnamese people who arrived in the United States before July 12, 1995—the date the two countries reestablished diplomatic relations following the Vietnam War. The Trump administration placed its plan on hold after it was condemned by a group of bipartisan lawmakers, who urged the President to not follow through with the plan because it would “have a severe and irreversible human impact.” Additionally, President Trump signed Executive Order 13769 which was titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” The order had barred the entry of persons into the United States who came from predominantly Muslim countries such as Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Executive Order 13769 also lowered the number of refugees to be admitted into the United States in 2017 to 50,000, it suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, and also suspended the entry of Syrian refugees indefinitely. Congress recently responded to the longstanding efforts by the administration to significantly lower resettlement efforts in the United States by introducing legislation titled The GRACE Act or HR 2146, which is pending in the House of Representatives, and calls on the United States to admit 95,000 refugees for fiscal year 2020. S.1088 is also pending in the Senate, which is identical to HR 2146.

Pending and Prior Similar Legislation: AB 1113 (Chiu, 2019) would establish a new Cabinet-level agency in state government entitled the Office of Immigrant and Refugee Affairs. The agency’s responsibilities would include coordinating immigrant and refugee services among state agencies; assisting state agencies in evaluating the effectiveness and reach of their services; making policy recommendations to the Governor and Legislature; and coordinating with local immigrant affairs offices to maximize the impact of the services they provide. (Status: Assembly Appropriations Committee.)

AJR 1 (Daly, 2019) urged the President of the United States to stop any efforts to reinterpret, disregard, or in any way prohibit the extension of the 2008 United States-Vietnam repatriation agreement as it is currently written and urged that any renegotiation of the agreement include historically accepted deportation protections for Vietnamese refugees. (Status: Res. Chapter 8, Statutes of 2019.)

HR 33 (McCarty, 2019) would reaffirm the bipartisan commitment of the United States to promote the safety, health, and well-being of the millions of refugees and displaced persons. Calls upon the federal government to continue its international leadership role in response to those who have been displaced. (Status: Assembly Rules Committee.)

HR 91 (McCarty, 2018) designated June 20, 2018 as World Refugee Day and called upon the federal government to continue its international leadership role in response to people who had been displaced because of sexual violence, human trafficking, forced conscription, genocide, and exploitation. Additionally, this resolution iterated the strong bipartisan commitment of the United States and the State of California to protect and assist millions of refugees and other forcibly uprooted persons worldwide. (Status: Adopted)

SR 52 (Lara, 2015) urged the President to increase the number of Syrian refugees allowed into the United States of America and to work with the United Nations and other countries to preserve life and dignity for Syrian refugees. (Status: Adopted)

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Grant Silva / JUD. / (916) 319-2334

Date of Hearing: June 18, 2019

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AJR 19

Author:(Gloria) – As Introduced Ver:May 21, 2019

SUBJECT: REFUGEES

KEY ISSUES:

1. SHOULD THE LEGISLATURE RESOLVE THAT CONGRESS AND THE PRESIDENTIAL ADMINISTRATION COMMIT TO THE RESETTLEMENT OF 30,000 REFUGEES, A GOAL FOR THE UNITED STATES ESTABLISHED BY PRESIDENTIAL DETERMINATION FOR FISCAL YEAR 2019?
2. IN ORDER TO STRENGTHEN OUR NATION’S EFFORT TO RESETTLE the expanding and vulnerable REFUGEE population, SHOULD THE LEGISLATURE RESOLVE THAT CONGRESS AND THE PRESIDENTIAL ADMINISTRATION RAISE THE PRESIDENTIAL DETERMINATION FOR FISCAL YEAR 2020 TO AT LEAST 75,000 REFUGEES?

SYNOPSIS

This resolution, sponsored by the California Asian and Pacific Islander Caucus, would declare the state’s support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. Additionally, this resolution calls on the federal government to fulfill its pledge, made via Presidential Determination No. 2019-01 in October of 2018 to resettle all 30,000 refugees in the United States for fiscal year 2019 and to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. Unfortunately, the world refugee population has reached historic and record-breaking levels. This is simultaneously occurring at a time where countries globally are accepting and resettling fewer refugees than previously. This resolution declares that California first welcomed refugees in 1975 after the Fall of Saigon and that it has led legislative efforts since then to enable a simplified adjustment to living in the United States by expanding access to higher education, public education, and workforce development. This resolution declares that refugees also enrich California’s culture and contribute to our economy, as many of them excel in education and start their own businesses. The measure has no opposition on file.

SUMMARY: Expresses support for the resettlement of refugees in the United States and particularly in California, regardless of their race, religion, nationality, sexual orientation, gender identity, or country of origin. Specifically, this measure:

1. Makes the following declarations:
2. The Office of the United Nations High Commissioner for Refugees has determined that there are over 22,500,000 refugees worldwide, over one-half of whom are under 18 years of age.
3. These refugees include torture survivors, people with severe medical conditions, LGBTIQ individuals, orphaned children, and women at risk of gender-based violence, all of whom cannot return to their homelands and cannot stay in their host countries due to their extreme vulnerability.
4. The United States participates in a resettlement program that is critical to global humanitarian efforts, and reflects America’s finest values, with the State of California first welcoming refugees in 1975 after the fall of Saigon.
5. Refugees that enter the United States are the most vetted travelers to enter this country and are subject to extensive screening checks, including in-person interviews, biometric data checks, and multiple interagency checks.
6. In over 40 years of resettlement programming, agencies have resettled over 700,000 refugees and over 18,000 special immigrant visa (SIV) recipients in California with the most recent refugees arriving from countries, including Afghanistan, the Democratic Republic of Congo, Iraq, Syria, and Iran.
7. California has been and continues to be a home to a diverse population of refugees, asylees, and SIV recipients and has led legislative efforts to enable a more simplified adjustment to living in the United States by expanding access to state higher education and expanding funding for public education services and workforce development.
8. These new residents are workers, students, entrepreneurs, parents, neighbors, and community leaders who contribute more than they consume in state-funded services, including schooling and health care.
9. Refugees contribute to California communities by starting businesses, paying taxes, and sharing their cultural traditions.
10. Given the unbelievable hardships that they have experienced and their value and contributions as residents of the great State of California, it is fitting and proper for this state to declare itself a welcoming home for the refugees resettled in our communities.
11. Resolves on behalf of the Assembly and the Senate of the State of California, jointly, in light of the above, the following:
    1. That the Legislature welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin, and calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world’s most vulnerable refugees; and be it further
    2. That the Legislature calls on the federal government to resettle all 30,000 refugees that the United States has committed to resettle in the fiscal year 2019; and be it further
    3. That the Legislature calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020; and be it further 
    4. That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, to the Majority Leader of the Senate, to the Speaker of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

EXISTING FEDERAL LAW:

1. Establishes the Office of Refugee Resettlement (ORR), which operates within the office of the United States Department of Health and Human Services (USDHHS). ORR’s objective is to “provide a permanent and systematic procedure for the admission to this country of refugees of special humanitarian concern to the United States, and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted.” (Title 8 United States Code Section 1521, et seq.)
2. Establishes the authorized programs for the domestic resettlement and assistance to refugees by requiring the ORR Director to make sufficient resources available for employment training, English-language training, and ensuring that women have the same opportunities as men to participate in training and instruction as well. (Ibid.)
3. Requires the ORR Director to consult with State and local governments and private nonprofit voluntary agencies concerning the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities. (Ibid.)

EXISTING STATE LAW:

1. Establishes the position of Statewide Director of Immigrant Integration, appointed by the Governor, to serve as the statewide lead for the planning and coordination of immigrant services and policies in California. (Government Code Section 65050.)
2. Requires the Director to develop a comprehensive statewide report on programs and services that serve immigrants, develop an online clearinghouse of immigrant services, resources, and programs, and monitor the implementation of statewide laws and regulations that service immigrants. (Ibid.)

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

COMMENTS: This resolution, sponsored by the California Asian and Pacific Islander Caucus, would declare the state’s support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. Additionally, this resolution calls on the federal government to fulfill its pledge, made via Presidential Determination No. 2019-01 in October of 2018 to resettle all 30,000 refugees in the United States for fiscal year 2019 and to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020.

In support of the measure, the author writes:

Assembly Joint Resolution 19 welcomes refugees and declares its support for the resettlement of refugees in California, no matter their religion, race, nationality, sexual orientation, gender identity, or country of origin. California has been and continues to be a home to refugees, asylees and SIV recipients from vastly diverse backgrounds and the state has led legislative efforts to assist with their adjustment to living in the United States. These new residents are valuable members of our communities who contribute more than they consume in state-funded services.

AJR 19 also calls upon other local governments and communities to join California in supporting a stronger national effort to resettle the world’s most vulnerable refugees. Refugee resettlement is a collaborative effort involving federal, state, county, and nonprofit entities, so it is of the utmost importance that everyone comes together as a unified front.

Additionally, it calls upon the federal government to resettle all 30,000 refugees that the U.S. has committed to resettle in the fiscal year 2019 and calls on Congress and the presidential administration to raise the Presidential Determination to at least 75,000 refugees for fiscal year 2020. It is imperative that the USA continues to be welcoming and responsible in the international community.

Past efforts to resettle refugees. The United Nations General Assembly passed General Assembly Resolution 428 (v) in December of 1950 to establish the United Nations High Commissioner for Refugees (UNHCR) in the aftermath of the refugee crisis of World War II. The resolution adopted the mission and policies for the UNHCR, which states as follows:

The United Nations High Commissioner for Refugees…[s]hall assume the function of providing international protection, under the auspices of the United Nations, to refugees who fall within the scope of the present Statute and of seeking permanent solutions for the problem of refugees by assisting Governments and, subject to the approval of the Governments concerned, private organizations to facilitate the voluntary repatriation of such refugees, or their assimilation within new national communities.

In 2003, the United Nations General Assembly extended the UNHCR’s mandate “until the refugee problem is solved.” The United States most notably made a strong commitment to resettle and assimilate Vietnamese refugees after the Fall of Saigon in 1975. This effort was dubbed “Operation New Arrivals” and Camp Pendleton in California was erected as the first military base in the United States to provide accommodations for over 50,000 Vietnamese refugees. At the time, the United States airlifted these refugees from Vietnam in what became known as the largest humanitarian airlift in history.

Recent trends with refugee populations. According to the UNHCR, 25.4 million people in the world are considered to be refugees and over half of whom are under the age of eighteen. This is the highest number seen since the UNHCR was founded in 1950 in the aftermath of World War II, when there were 22.5 million refugees. Even though today’s number of refugees is record-breaking, countries around the world have made major reductions in the number of refugees they are willing to accept. According to the Pew Research Center, the United States resettled 33,000 refugees in 2017, which was a steep drop from 2016, when the number of resettled refugees reached almost 97,000. Compared to other leading countries, the United States has recently attained status as having the most modest resettlement efforts per capita in the world. In 2017, the United States resettled 102 refugees per 1 million U.S. residents, whereas Canada led the world by resettling 725 refugees per 1 million residents, followed by Australia (618) and Norway (528). Overall, the world resettled 103,000 refugees in 2017, down from 189,000 in 2016.

California’s efforts to ease assimilation for refugees. California leads the nation in welcoming refugees, having resettled 7,909 refugees during fiscal year 2016 and 5,164 refugees for fiscal year 2017. In an effort to make resettlement seamless for all refugees who come to California, the Legislature has enacted legislation to aid them in their educational and employment prospects. Last year, the Legislature passed AB 1809 (Chap. 33, Stats. 2018), which aids refugees who have been displaced by wars. The law created an exemption to allow refugees to qualify for resident tuition fees at community colleges. Additionally, AB 99 (Chap. 15, Stats. 2017) appropriated ten million dollars ($10,000,000) from the State General Fund to the California Department of Social Services (CDSS) over three fiscal years beginning in State Fiscal Year (SFY) 2017-18, to provide additional services for refugees and other eligible school-age students. CDSS then used these funds to bolster the Newcomer Education and Well-Being (CalNEW) project, which provides funding to school districts with a significant number of eligible students to improve their well-being, English-language proficiency, and academic performance. The CalNEW project funding is intended to assist school districts in planning, designing, and implementing supplementary instructional and social adjustment support services for refugees. Lastly, AB 99 was enacted to further accommodate the Refugee School Impact (RSI) Program, which assists eligible school age students who have been in the United States five years or less in improving their academic performance and social adjustment through activities focused around academic enrichment, civic engagement, community collaboration, consumer education, employment pathways, and family engagement.

As for employment prospects, the state’s Refugee Programs Bureau (RPB) provides the statewide administration of California’s Refugee Resettlement Program (CRRP) on behalf of CDSS. The RPB is partnered with nonprofit organizations and nongovernmental organizations to provide employment-related services to refugees. This enables refugees to become self-sufficient individuals who feel valued and contribute to their new communities. RPB gives refugees a variety of resources for employment opportunities and job training. The partnership between CDSS and nonprofit or nongovernmental organizations is a critical link to administering real opportunities for successful refugee resettlement. One example is the Sacramento Employment and Training Agency (SETA), which is a joint powers agency of the City and County of Sacramento. SETA has had a refugee program in place since 1983 and its purpose is to assist refugees to become self-sufficient individuals. The program includes employment services, English-language training, and social adjustment and cultural orientation.

Refugee contributions to economies and communities. A recent article in the Los Angeles Times explains some of the economic value that refugees bring to their communities:

[O]ver the past decade, refugees have contributed $63 billion more in tax revenue than they cost in public benefits. On a per capita basis, refugees contributed more than U.S.-born citizens during this period. The longer refugees stay in the U.S., the more enhanced are the benefits they bring to the economy. According to the New American Economy Research Fund, refugees are 50% more likely to become entrepreneurs than American citizens who were born in the United States. The New American Economy Research Fund found that 40% of Fortune 500 companies were founded by refugees, immigrants or their children. In 2013 and 2015, more than half of the top 10 students at one high school in Utica, N.Y., were refugees, a local newspaper reported. The school’s 2015 valedictorian, a refugee from Vietnam, said of her parents: “They put all their hopes and trusts and everything in me. So education becomes a responsibility for me. (Breene, Tim. “Refugees don’t drain America’s economy, They revitalize it.” Los Angeles Times. 12 Feb. 2018.)

Another example of the economic value placed on refugees in the United States is expressed in a February 14, 2017 letter, signed by eighty current and former CEOs, including John Morgridge, Tracey Zhen, and Tom Steyer. The letter, which is addressed to President Trump, states:

As business leaders committed to increasing national prosperity, we fully recognize the economic and security benefits of welcoming refugees and immigrants to the United States. In addition to these benefits, it is an affirmation of the core of the American Dream. We urge you to reconsider policies that single out specific Muslim-majority countries; conduct a speedy and good faith review of security vetting procedures, preferably while allowing existing policies to remain in place; raise the arbitrary cap on the number of refugees admitted to the US; and enact policies that recognize the economic importance of immigrants and a robust refugee resettlement program aligned with the enduring values upon which this country was founded. (“U.S. Business Leaders to Trump: Refugees Enrich America.” International Rescue Committee (IRC), 14 Feb. 2017, www.rescue.org/article/us-business-leaders-trump-refugees-enrich-america.)

Not only do refugees obtain economic value, they also enrich American culture by sharing their traditions and life experiences with neighbors, coworkers, pupils, community members, and religious observers. Refugees introduce new ideas, expertise, customs, art, and cuisines within the new communities they have been placed into. The Los Angeles Times wrote a story about a restaurant owner named Frangoul, who was an Iraqi refugee and resettled in San Diego. He came to California with his son and pregnant wife after fleeing the violence from the Iraq war. The story displays Frangoul’s entrepreneurship and how it allows other San Diego residents to immerse themselves in Iraqi cuisine at Frangoul’s restaurant. The Times explains:

[T]he growing Iraqi population in Frangoul’s neighborhood has led to a vibrant food culture in East County, particularly in El Cajon, which has come to be nicknamed Little Baghdad. “You can feel home here,” one Iraqi customer says. As earlier refugees like Frangoul become more established, they have begun to open restaurants like Zad, offering a diverse American crowd an authentic expression of Iraqi cuisine. (Zablit, Laura. "Little Baghdad, California: Refugee restaurant owners bringing Iraqi cuisine to San Diego County." Los Angeles Times. 6 Dec. 2018.)

Recent and current efforts to undermine refugee resettlement in the United States. In 2017, the Trump administration pushed for a proposal to deport many long-term immigrants from Vietnam, Cambodia, and other countries who the administration alleged to be “violent criminal aliens.” Although, it is important to note that the United States and Vietnam have a unique 2008 agreement that specifically bars the deportation of Vietnamese people who arrived in the United States before July 12, 1995—the date the two countries reestablished diplomatic relations following the Vietnam War. The Trump administration placed its plan on hold after it was condemned by a group of bipartisan lawmakers, who urged the President to not follow through with the plan because it would “have a severe and irreversible human impact.” Additionally, President Trump signed Executive Order 13769 which was titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” The order had barred the entry of persons into the United States who came from predominantly Muslim countries such as Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Executive Order 13769 also lowered the number of refugees to be admitted into the United States in 2017 to 50,000, it suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, and also suspended the entry of Syrian refugees indefinitely. Congress recently responded to the longstanding efforts by the administration to significantly lower resettlement efforts in the United States by introducing legislation titled The GRACE Act or HR 2146, which is pending in the House of Representatives, and calls on the United States to admit 95,000 refugees for fiscal year 2020. S.1088 is also pending in the Senate, which is identical to HR 2146.

Pending and Prior Similar Legislation: AB 1113 (Chiu, 2019) would establish a new Cabinet-level agency in state government entitled the Office of Immigrant and Refugee Affairs. The agency’s responsibilities would include coordinating immigrant and refugee services among state agencies; assisting state agencies in evaluating the effectiveness and reach of their services; making policy recommendations to the Governor and Legislature; and coordinating with local immigrant affairs offices to maximize the impact of the services they provide. (Status: Assembly Appropriations Committee.)

AJR 1 (Daly, 2019) urged the President of the United States to stop any efforts to reinterpret, disregard, or in any way prohibit the extension of the 2008 United States-Vietnam repatriation agreement as it is currently written and urged that any renegotiation of the agreement include historically accepted deportation protections for Vietnamese refugees. (Status: Res. Chapter 8, Statutes of 2019.)

HR 33 (McCarty, 2019) would reaffirm the bipartisan commitment of the United States to promote the safety, health, and well-being of the millions of refugees and displaced persons. Calls upon the federal government to continue its international leadership role in response to those who have been displaced. (Status: Assembly Rules Committee.)

HR 91 (McCarty, 2018) designated June 20, 2018 as World Refugee Day and called upon the federal government to continue its international leadership role in response to people who had been displaced because of sexual violence, human trafficking, forced conscription, genocide, and exploitation. Additionally, this resolution iterated the strong bipartisan commitment of the United States and the State of California to protect and assist millions of refugees and other forcibly uprooted persons worldwide. (Status: Adopted)

SR 52 (Lara, 2015) urged the President to increase the number of Syrian refugees allowed into the United States of America and to work with the United Nations and other countries to preserve life and dignity for Syrian refugees. (Status: Adopted)

REGISTERED SUPPORT / OPPOSITION:

Support

California Asian & Pacific Islander Legislative Caucus (sponsor)

Opposition

None on file

Analysis Prepared by: Grant Silva / JUD. / (916) 319-2334