Loading...
HomeMy WebLinkAboutMINUTES - 12071994 - IO.7 TO: ' BOARD OF SUPERVISORS 1 .0.-7.O.-7 s _ Contra Tl 'k FROM: INTERNAL OPERATIONS COMMITTEE CQSta o� is _ _..: 4o C November 22, 1993 ounty ��s. �_" DATE: >qt couN SUBJECT: PROPOSED RESOLUTION OPPOSING ANTI-IMMIGRATION PROPOSALS AND SUPPORTING THE INCLUSIVE PROCESS AND ESTABLISHMENT OF A NEWCOMERS ' TASK FORCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Expanding on the action taken by the Board of Supervisors October 5, 1993 regarding a Newcomers ' Task Force, agree to CO-SPONSOR with the Center for New Americans and ESTABLISH a Newcomers ' Task Force in Contra Costa County, consisting of 15 members, two to be nominated by each Member of the Board of Supervisors and 5 at-large seats to be nominated by the Internal Operations Committee. Members need not necessarily live or work in the. Board Member's district if the Board Member feels that a particular individual will well -represent the interests of immigrants in Contra Costa County. 2 . PROVIDE for a December 31, 1994 sunset for the Newcomers ' Task. Force, and request the 1994 Internal Operations Committee to make recommendations before December 31, 1994 on the need to continue, modify, restructure. or abolish the Task Force. 3 . REQUEST the Social Services Director and Community Services Director to jointly provide staff support to the Newcomers ' Task Force. 4 . REQUEST the County Counsel to provide the Board of Supervisors with an opinion regarding whether there is any actual, potential or apparent conflict of interest in having a County Department which receives financial support .from the Federal Government staff a Newcomers ' Task Force which is addressing issues of immigration policy and which might make recommendations which, if implemented, could impact programs operated by that County Department on behalf of the Federal Government. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SI_GNATURE(Sl: RUNNY ACTION OF BOARD ON DeGe} ber 7 , 1--9- APPROVED AS RECOMMENDED ' OTHER The Board heard testimony relating to the above recommendations from Tom Chin, El Cerrito; Mr. Danhle, Richmond; Barbara Racek, Catholic Charities., El Cerrito:; ; Ayce Robbins, Oakley; Jack Nakashima, Center for New Americans; Walnut Creek; and Maria L Alegria, Coalition for Human Rights, Pinole. ° Following receipt of testimony from the public and Board discussion, the Board of Supervisors APPROVED Recommendations #1 through #6 and #8 above. The attached Resolution 93/717 was ADOPTED in response to Recommendation # 7, and the County's lobbyist is DIRECTED to pursue these legislative policies." VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED December 7, 1993 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Social Services Director Health Services Director Community Services Director BY DEPUTY I .O.-7 -2- 5 . CHARGE the Newcomers ' Task Force with the following: ✓ Identify ways in which the negative image of immigrants in Contra Costa County can be improved. ✓ Identify ways in which the positive contributions of immigrants to Contra Costa County can be identified and highlighted. ✓ Prepare and forward to the Board of Supervisors an overall plan for establishing and maintaining positive, strong and cooperative relationships between immigrants and the rest of the community in Contra Costa County. ✓ Provide the Board of Supervisors with periodic reports at such intervals as the Task Force believes is appropriate regarding their work, with a comprehensive annual report to be forwarded to the Board of Supervisors not later than December 1, 1994, for review by the Internal Operations Committee and recommendation back to the full Board of Supervisors on the continued existence of the Newcomers ' Task Force, and for this purpose refer this matter to the 1994 Internal Operations Committee. 6 . URGE each Member of the Board of Supervisors to make his or her appointments to the Newcomers ' Task Force by early January, 1994 so the Task Force can be convened and get to work as quickly as possible. 7 . DETERMINE whether the Board of Supervisors wishes to take any further action on other elements of the Resolution which had been proposed to the Board of Supervisors on October 5, 1993. 8. REMOVE this item as a referral to the 1993 Internal Operations Committee. BACKGROUND: On October 5, 1993, the Board of Supervisors adopted a Resolution (See attached Resolution) which stated that the Board of Supervisors abhors and rejects immigrant bashing, racism, and scapegoating which are targeted at immigrants and ethnic minorities . This same Resolution established a Newcomers ' Task Force. Our Committee was asked to recommend the specific composition and charge to the Newcomers ' Task Force and determine whether any other portions of the original Resolution which was presented to the Board of Supervisors should be adopted. Staff, with the cooperation of the International Institute of the East Bay and the Center for New Americans, has pulled together a substantial package of information which is being supplied to each Member of the Board of Supervisors, but is not to be considered as an attachment to this Committee report. We have agreed on the composition of the Newcomers ' Task Force and its proposed charge and staffing. We leave open the question of whether the Board of Supervisors wishes to take any further action on elements of the original Resolution which were not adopted on October 5, 1993 (see attached copy of the original proposed Resolution) . THE BOARD OF SUPERV2 SORS OF CONTRA COSTA COUNTY � CAL= FORMA RESOLUTION NO. 93/ 717 IN OPPOSITION TO ANTI-IMMIGRANT PROPOSALS WHEREAS, Contra Costa County has always been an ethnically diverse county, including the contributions of a rich mosaic of immigrant communities; and WHEREAS, during these difficult economic times immigrants, ethnic minorities and poor families and children have become scapegoats for the State's financial problems; and WHEREAS, the cultural diversity of Contra Costa County and the State of California have contributed greatly to the strength of our society; and WHEREAS, the Contra Costa County Board of Supervisors has sworn to uphold the United States Constitution, including the 14th amendment to the Constitution regarding due process and equal protection under the law; and WHEREAS, the Board of Supervisors opposes any legislation which would restrict the rights of legal immigrants to live in California; and WHEREAS, effective immigration policies must address the issue of economic development of countries of origin as well as effective enforcement of labor laws in the United States; NOW, THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA RESOLVED, that the Board abhors and rejects immigrant bashing, racism, and scapegoating which is targeted at immigrants and ethnic minorities; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors hereby establishes a Newcomer Task Force to study the need and contributions of immigrants, the effects of immigration on Contra Costa County, and to recommend positive policies for the greater health, safety, and welfare of all residents of Contra Costa County; and BE IT FURTHER RESOLVED, that the Board of Supervisors calls on the Federal Government to provide full funding for the cost of having local governments provide services to immigrants, including the SLIAG Program; and BE IT FURTHER RESOLVED, that the Board of Supervisors is concerned about the issue of asylum appeals and refers this issue to its newly established Newcomers' Task Force and also asks the Task Force to address all remaining items which were included in the draft Resolution presented to the Board on October 5, 1993 which are not included herein and return to the Board of Supervisors with its findings and recommendations for further Board action. Witness my hand and the Seal of the Board of Supervisors affixed this 7th day of December, 1993. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By _ a %)�� ep ty erk RESOLUTION NO. 93/717 THE BOARD OF SUP E RV I S ORS OF CONTRA COSTA COUNTY 0 CAL=FORN=A RESOLUTION NO. 93/651 IN OPPOSITION TO ANTI-IMMIGRANT PROPOSALS WHEREAS, Contra Costa County has always been an ethnically diverse county, including the contributions of a rich mosaic of immigrant communities; and WHEREAS, during these difficult economic times immigrants, ethnic minorities and poor families and children have become scapegoats for the State's financial problems; and WHEREAS, the cultural diversity of Contra Costa County and the State of California have contributed greatly to the strength of our society; NOW, THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA RESOLVED, that the Board abhors and rejects immigrant bashing, racism, and scapegoating which are targeted at immigrants and ethnic minorities; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors hereby establishes a Newcomer Task Force to study the need and contributions of immigrants, the effects of immigration on Contra Costa County, and to recommend positive policies for the greater health, safety, and welfare of all residents of Contra Costa County. Witness my hand and the Seal of the Board of Supervisors affixed this 5th day of October, 1993. PHIL . BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Depuyl Cpbrk RESOLUTION N0. 93/651 two a a C/erqu i,W" IN RECOGNITION OF OPPOSING RESOLUTION NUMBER ANTI-IMMIGRANT PROPOSALS/ SUPPORTING INCLUSIVE PROCESSES) WHEREAS, Contra Costa County has always been an ethnically diverse county, including the contributions of a rich mosaic of Immigrant communities; and WHEREAS, during these difficult economic times , immigrants, ethnic minorities and poor families and children have become scapegoats for the state's financial problems; and WHEREAS, extensive state and national research demonstrate that immigrants are a powerful benefit to the economy, as well as , contributing more in taxes than using in public services; and WHEREAS, border control and immigration enforcement are being used at times against documented and undocumented entrants in an unjust manner, while denying the right to appeal asylum violates the International Covenant on Civil and Political Rights; and WHEREAS, denying children of undocumented immigrants citizenship, health care, education, and social service violates fundamental Constitutional and civil laws and principles, and would create greater health and safety burdens for residents of Contra Costa County; and WHEREAS, requiring a national identification card will encourage discrimination against residents on the basis of name, language, ethnicity, and color, creating a permanent underclass; and WHEREAS, effective immigration policies must address the issue of economic development of countries, of origin as well as effective enforcement of labor laws in the nited States; NOW, THEREFORE, BE IT RESOLVED, t at the Contra Costa County Board of Supervisors does hereby reject punitive policies and proposals that prohibit citizenship to children born in the United States; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors rejects imprudent policies and proposals to prohibit access to necessary health care and education currently required by law for the public health and welfare of residents of Contra Costa County; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors rejects the proposed national identity card as discriminatory and placing an undue burden on county staff to operate as de facto agents of the Immigration and Naturalization Service; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors rejects proposals restricting the right of asylum appeal; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors opposes the pending bills in the California Legislature that would further restrict the r'ghts of immigrants and refugees residing inCalifornia, and direr � s its State Lobbyist to actively oppose these proposals; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors does establish a Newco mer Task Force to study the need and contributions of immigrants, I the effects of immigration on Contra Costa County, and to recommend positive policies for the greater health, safety, and welf re of all residents of Contra Costa County, INTRODUCED BY: JEFF SMITH Supervisor, District II Witness my hand and the seal of the Board of Supervisors affixed this 5th day of October, 1993. Phil Batchelor, Clerk of the Board of Supervisors and County Administrator. B Deputy Clerk 0 OFFICE OF THE COUNTY ADMINISTRATOR C O N T R A C O S T A C O U N T Y Administration Building 651 Pine Street, 11th Floor Martinez, California 94553 DATE: November 19, 1993 TO: Supervisor Sunne Wright McPeak Supervisor Jeff Smith INTERNAL OPERATIONS COMMITTEE FROM: Claude L. Van Martel sistant County Administrator SUBJECT: DISCUSSION OF IMMIGRATION ISSUES BACKGROUND: You will recall that on October 5, 1993, the Board of Supervisors referred to your Committee a Resolution which had been brought to the Board by Supervisor Smith relating to immigration. The Resolution opposed certain anti-immigration actions which had been taken or proposed and established a Newcomers Task Force. The Board was not prepared to accept all elements of the Resolution at that time. The Board agreed to the establishment of a Newcomers Task Force and referred the composition of the Task Force and the balance of the Resolution to your Committee. In preparing for the discussion on this subject, we have contacted the International Institute of the East Bay, which has provided us with some very helpful materials . We have also advised the Center for New Americans and each of the individuals who testified before the Board of the fact that your Committee would be considering this issue on November 22, 1993 at 10 : 00 A.M. Finally, we have contacted a number of County departments to try to get additional information from them regarding the nature and extent of the problems they may face because of immigrants (legal or otherwise) . CONCLUSIONS: From the materials provided by the International Institute of the East Bay and various County departments, it seems fair to reach the following conclusions: 1 . Immigrants are an important element of the American fabric of society - we are, in fact, almost all here in the United States as a result of immigration. 2 . Most immigrants work and pay taxes . 3. Immigrants, and particularly undocumented immigrants, tend to need some services more when they first arrive in the United States than do those who have been here longer. This includes health care and educational services . However, many of the myths about the extent to which immigrants use public services are simply not supported by the facts . 4 . While immigrants pay their share in taxes, most of those taxes are in the form of income taxes, the bulk of which go to the Federal Government. Therefore, the State and counties do provide services to immigrants for which they are not reimbursed. 5 . Immigration is controlled by the Federal Government and all of its costs should be reimbursed by the Federal Government, which, however, has failed to do so. 6 . There is little, if any, data gathered by County departments on the extent to which they provide services to immigrants and essentially none on services provided to undocumented immigrants . 7 . In Contra Costa County, a smaller proportion of the population are foreign born than is true statewide, and a higher proportion of the foreign born in the County are naturalized citizens than is true statewide. A larger proportion of the foreign born in the County are from Southeast Asia than is true statewide. ISSUES BEFORE THE COMMITTEE: Your Committee may wish to address some or all of the following issues : 1 . Whether to recommend that the Board of Supervisors approve any of the language of the balance of the Resolution which was not adopted on October 5, 1993, specifically dealing with the issues of: A. Whether immigrants pay more in taxes than they use in public services, particularly from the County' s point of view. B. Whether border control and immigration enforcement are being used in an unjust manner against documented and undocumented entrants . C. Whether it is unconstitutional or otherwise against the law to deny the children of undocumented immigrants citizenship, health care, education and social services and if not currently against the law, whether laws to make such actions legal should be supported or opposed. -2- D. Whether requiring a national identification card will encourage discrimination and whether the proposed national health plan does not, in fact, already provide for exactly such a card. E. Whether a national identification card would make County staff operate as de facto agents of the Immigration and Naturalization Service. F. Whether the Board of Supervisors should oppose proposals which prohibit citizenship to children born in the United States to undocumented immigrants . G. Whether the Board of Supervisors should oppose proposals to deny health care and education to the children of undocumented immigrants. H. Whether it is appropriate for the Board of Supervisors to oppose proposals restricting the right of asylum appeal. 2 . The size and composition of the Newcomers Task Force which was established by the Board of Supervisors . 3 . The process which will be used to recruit, screen, interview and appoint members to the Newcomers Task Force. ATTACHMENTS: The following documents have been gathered for your Committee's information and are labeled as noted: ■ Attachment #1 : Material from the International Institute of the East Bay on immigrants in Contra Costa County ■ Attachment #2 : Material prepared by the State Library (California Research Bureau) from the 1990 U.S. Census on Immigrants in California. ■ Attachment #3 : Material from the National Immigration Law Center on immigrants ' eligibility for public benefits. ■ Attachment #4 : A summary of refugee entitlements from "California' s Changing Faces" , California Policy Seminar, University of California, 1993 . ■ Attachment #5 : Informational material from the Coalition for Immigrant & Refugee Rights & Services . ■ Attachment #6 : A reference guide to immigration research prepared by the National Council of La Raza. -3- ■ Attachment #7 : A copy of a portion of the summer-fall, 1993 edition of Pacific Crosscurrents, published by the Pacific Research Institute. ■ Attachment #8 : Copies of SB 691, SB 733 and SB 976, all of which were signed into law by the Governor on October 5, 1993 and all of which tighten up on verification of resident status for law enforcement purposes, employment services and job training purposes, and for purposes of obtaining a driver' s license. ■ Attachment #9 : Responses from the County Probation Officer, County Clerk-Recorder, Health Services Director, and Community Services Director. ■ Attachment #10 : The original packet of materials provided to the Board of Supervisors by Supervisor Smith. ■ Attachment #11 : The Resolution adopted by the Board of Supervisors on October 5, 1993, in lieu of the one presented by Supervisors Smith. CLVM:amb vanll-49-93 Attachments -4- ATTACHMENT #1 International Institute of the East Bay A Resource for Immigrants and Refugees Since 1919 CONTRA COSTA COUNTY Claude L. Van Marter RECEIVED BOARD OF DIRECTORS Assistant County Administrator 14 President Contra Costa County NOV 1 2 1993 Elvira Rose 651 Pine Street, lith Floor o Vice-Presidents Martinez, CA 94553-1229 OFFICE OF Betty Ann Webster Carol Beadle November 9, 1993 COUNTY ADMINISTRATOR Secretary Iry Kermish Treasurer Martha Killebrew Dear Van: Mrs.Adela Bedford Nancy Hackley Kiel Lam I am enclosing a second packet of information in preparation for the meeting on Kenneth Morrison Lina Piamonte-Block November 22. It includes some work prepared by the Clearinghouse on immigrants Ruthl Dr.YeSalemush Sendeku in Contra Costa County and immigrants and public assistance. A recent report issues salem Margaret Tyler by the California Research Bureau provides data from the 1990 Census. Finally, we Aline Wierzbianska have included an overview of immigrants' eligibility for public benefits and a Executive Director summaryof entitlements for refugees. Kathleen Deamer Associate Director If you need any other information or clarification, please do not hesitate to contact Douglas Stein Lifang Chiang, Research Associate, or me. ACNS Network A United Way Agency Sincerely, Mari Gasiorowicz Director, Newcomer Information Clearinghouse 297 Lee Street•Oakland,California 94610•Telephone(510)451-2846 Branch Office•26081 Mocine Avenue Hayward,CA 94544•(510)582-7845 FAX(510)465-3392 DMHGRANTS AND REFUGEES IN CONTRA COSTA COUNTY Overview Foreign born residents represent roughly 13% of Contra Costa County's population (1990 Census). This compares to 22% statewide. Over 40% of Contra Costa's foreign born residents are naturalized citizens (compared to one-third statewide). A larger share of the County's recent legal immigrants and refugees are Southeast Asian (58% of Contra Costa's legal immigrants, 1986-91 compared to 49% statewide), whereas statewide, a larger share are from North America (28% compared to 14% in the County). These exclude undocumented immigrants whose numbers are difficult to determine. The State Department of Finance estimates that there are 3,000 undocumented residents living in Contra Costa County; the INS's estimates are higher but do not break down the East Bay region. The State Department of Finance's estimates would suggest that .4% of the County's residents are undocumented, though that is probably a conservative estimate. Foreign born residents include the following groups. Legal immigrants come to the U.S. primarily in order to reunify with family members already here and for better economic opportunities. In order to obtain legal residency, immigrants have to "prove" that they will not become a public burden--that they have a sponsor who can support them. For three years after arrival, legal immigrants are not eligible for public assistance. Undocumented immigrants come to the U.S. for the same reasons as legal immigrants. In most families, some members are undocumented and others are here legally. Undocumented immigrants are not eligible for welfare. They do have access to emergency medical care and perinatal services as well as public education including Head Start. Refugees come to the U.S. fleeing political or religious persecution. Many Southeast Asian refugees (from Vietnam, Laos, and Cambodia) were persecuted by their governments as a result of their involvement with the U.S. during the Vietnam War. Refugees have access to public benefits upon arrival because they come at the invitation of the U.S. government. Immigrants and the Economy Nationally and Statewide Historically, research indicates that nationally, the economic benefits of immigrants and refugees have far outweighed the costs. (Survey of economists, American Immigration Institute Survey, 1990). Despite reliance on immigrant labor, this country has experienced waves of anti- immigrant sentiment during previous recessions. (Carolyn Blum, U.C. Professor of Law). • Immigrants pay more in Social Security and taxes than they consume in public benefits. (Business Week, July 13, 992) However, it is true that the bulk of the fiscal benefits are reaped at the federal level while states and localities sometimes pay out more than they receive. Prepared by The Newcomer Information Clearinghouse, International Institute of the East Bay, 11/93. 1 • In 1990, statewide, a somewhat higher percentage of immigrants received public assistance than did long-time California citizens--4.8% compared to 4.1% (despite a large average household income difference-422,300 for immigrants compared to $34,000.) (California Senate Office of Research, 1993) • Immigrants who arrived before 1980 use public assistance less than long-time citizens-- 3.8% compared to 4.1%. (California Senate Office of Research, 1993) • The impact of undocumented immigrants on the economy is very difficult to determine. Data for health, education, and public benefits are not maintained by immigrant status. It is also very difficult to estimate the revenues generated through small business start-up and living expenditures, especially because most undocumented persons have family members who are in the U.S. legally. Public Assistance Recipients By Language in Contra Costa Count Utilization data for Public Assistance data are not available by immigrant status (legal immigrant, refugee, undocumented, U.S. born), but primary language spoken can be used as a proximate indication of recent immigrant status. Those who speak English are assumed to be native-born or long-time U.S. residents; whereas those who speak a primary language other than English are more likley to be recent immigrants. Public assistance figures for Contra Costa County, available from the California State Department of Social Services for the month of April 1993, can be compared with census data on the County's racial, ethnic, and language composition. This provides a proximate comparison of the rates of public assistance utilization by recent immigrants and refugees, relative to the native-born and long-time U.S. resident population. AFDC Those who spoke a primary language other than English are, as a whole, less likely to receive Aid To Families with Dependent Children (AFDC) monies than native English speakers. Whereas the rate of utilization for native English speakers is 2.7%, for Spanish speakers (the next largest category of AFDC recipients) it is 1.8%. The AFDC rate for Southeast Asian language speakers, 35.0% is much higher than the County rate, but in real number terms, they comprised 1,000 out of a total of 18,693 recipients. Southeast Asians are refugees fleeing persecution from their governments; they come to this country at the invitation of the U.S. government. The distribution of AFDC recipients by County region reflects the distinct demographic composition of the County's different regions. Nearly half of all AFDC recipients are in West County, which has only a quarter of the County's population. West County AFDC recipients Prepared by The Newcomer Information Clearinghouse, International Institute of the East Bay, 11/93. 2 are primarily English speaking (nearly 8 out of 10). Of non-native English speakers in West County, Laotian refugees overwhelmingly comprise the largest category on AFDC. Primary English language speakers also predominate in East County AFDC composition (nearly 9 out of 10). Spanish speakers on AFDC are fairly evenly concentrated in both West and East County. In the Central and South County regions, primary English speakers comprise 90 percent of all AFDC recipients, with much smaller numbers of other language speakers. Medi-Cal There were 13,653 Medi-Cal recipients in the County in June 1993. Three quarters of Medical recipients were English speakers, whereas 82% of the County's population are English speakers. The next largest group of Medi-Cal recipients are Spanish speakers--one in five of total recipients--compared to their County presence of 7% of the total population. South and East Asians comprise the next largest group of Medi-Cal recipients, over 4% of recipients, slightly less than their County presence of 5%. Prepared by The Newcomer Information Clearinghouse, International Institute of the East Bay, 11/93. 3 z c W N V o COCO CCL U) cc c O W a W cn N W N L c - W0 co c ^ ) L Q. W (n W Z Q M C7 � ❑ ❑ ® ❑ ® z Q _ o J Q M N f6 � m >- E LO CDL N co W cy) cc Q 0-) o II C CO c O E ,n Q cu u CL 4-J (� O "D cc rn I- n �• O c ,- a O co ca m U D c >, o (n Ca O y coCD cc . +-+ c o gg �00,o Lo o M a� Z O1 LO c a j «- U � ,n LO C a� W U a� 00cu c ai Q.. +.+ M 11 •5a) o UO II c o s E U) c 0) W U o a oCU �. I LL M W E co -o c "O o Q -p a) o U C co 4r 00 � �- Q C m Z U o E c c 0-0-10, o�� :3 �r o Mia° o c (D _ L \ Cr) M r— U 'CD NN O o U II II U c a� C C a Z c c N L C U _ U) U CL ° m J w N ;; v o -WCN 0 U O U 00 c CC U) o O CL U N O` 0 N N � o � r ^, O 41 W cn FO O ^^ 0 V/ � C O E o 2 cD co ^, 0 W 06 \ 0 C M M LLQ �O � M CO) LLQ V, C 0 co c0 m u > C6 J L COO c m LU y ca LU a� o 0 M O O M U N cn c Q � �. m ( •CL m O Q t c L) c � ? 4-J cn o o L r (B C OC U 'L U .................... Q 0 c M V ° o o w 'M cn o cE C 0O N i C cc L (0 oo N (D N ■� r- 0 p O. ^ C'� O * (a 7 (•) C a) w " z � 0-0 ° a� � ItE- N U o " mW s 0 Q c Cj ) a) CL i U z LL U) p II Q Cl) C Table 6D TABLE 6D LEGAL FOREIGN IMMIGRATION BY COUNTRY OF BIRTH, GROUPED BY WORLD REGION ALAMEDA AND CONTRA COSTA COUNTIES AND CALIFORNIA, 1986-90 RANKED BY EAST BAY TOTAL WITHIN WORLD REGION State Dept. of Finance, Demographic Research Unit Elizabeth Hoag, (916) 323-4103 Includes immigrants admitted for legal residence,refugees approved and admitted,and asylees approved. California(and the county indicated)is the primary destination of these immigrants. Those who migrate from another state or county are not included in the totals below. SIX YEAR TQTAL 1986;-91 SIX;:YEAR TOTAL 1986-.91.::_: ALAMEDA CONTRA EAST STATE ALAMEDA CONTRA EAST STATE 000NTRY OF BIRTH:. COSTA BAY COUNTRY OF BIRTH:;. COSTA BAY AFRICA 14.4 C.AMERICA Ethiopia 403 40 443 4,313 Mexico 3,073 1,394 4,467 201,102 Nigeria 205 48 253 1,842 EI Salvador 570 393 963 37,818 Egypt 124 99 223 4,592 Nicaragua 627 247 874 11,852 South Africa 73 75 148 2,754 Canada 454 398 852 12,877 Kenya. 67 26 93 852 Guatemala 178 87 265 14,203 Ghana 46 31 77 587 Jamaica 126 43 169 2,337 Liberia 42 15 57 259 Honduras 82 37 119 3,982 Morocco 46 10 56 863 Cuba 91 27 118 5,524 Sierra Leone 17 5 22 208 Panama 52 63 115 1,911 Cape Verde 2 1 3 20 Costa Rica 39 29 68 1,444 Other Africa 270 63 333 3,348 Trinidad&Tobago 26 20 46 895 AFRICA TOTAL 1,295 413 1,708 19,638 Dominican Republic 25 18 43 522 Belize 24 11 35 3,346 S,C,&SE ASIA Haiti 25 4 29 444 Philippines 10,406 4,066 14,472 149,726 Barbados 7 6 13 108 China Mainland 6,612 1,258 7,870 63,798 Bahamas 5 1 6 89 Vietnam 4,588 925 5,513 91,579 Other North America 35 10 45 615 India 2,744 1,149 3,893 29,917 N.&C.AMERICA TOTAL 5,439 2,788 8,227 299,069 Korea 1,706 713 2,419 54,185 Taiwan 1,523 766 2,289 32,458 OCEANIA Hong Kong 2,197 610 2,807 19,452 Fiii 728 210 938 5,511 Laos 793 814 1,607 24,148 Australia 102 66 168 2,467 Cambodia 998 31 1,029 18,558 New Zealand 74 55 129 1,338 Thailand 580 304 884 17,505 Other Oceania 120 35 155 1,944 Japan 453 153 606 9,716 OCEANA TOTAL 1,024 366 1,390 11,260 Indonesia 205 171 376 5,947 Malaysia 172 74 246 2,482 SOUTH AMERICA Bangladesh 54 31 85 1,313 Peru 425 309 734 7,656 Other Asia 823 261 1,084 9,398 Brazil 138 81 219 2,748 S, C,°SE ASIA TOTAL 33,854 11,326 45,180 530,182 Columbia - 131 85 216 4,556 Chile 112 95 207 2,282 NEAR&MIDDLE EAST Argentina 91 53 144 3,084 Afghanistan 2,857 562 3,419 6,934 Guyana 51 77 128 1,060 Iran 1,325 877 2,202 54,572 Venezuela 62 43 105 1,005 Pakistan 630 219 849 7,016 Bolivia 48 28 76 1,096 Israel 185 57 242 5,396 Ecuador 29 19 48 2,326 Jordan 152 74 226 4,332 Other S.America 23 16 39 655 Lebanon 135 55 190 7,246 SOUTH AMERICA TOTAL 1,110 806 1,916 26,468 Turkey 64 28 92 2,946 Syria 32 33 65 4,371 Iraq 27 22 49 2,109 ALL COUNTRIES TOTAL 151,640 19,541 71 1811 084,933 N.&M.EAST TOTAL 5,407 1,927 7,334 94,922 EUROPE United Kingdom 723 502 1,225 28,163 Soviet Union 399 196 595 28,267 Romania 387 103 490 7,086 Poland 299 190 489 4,763 West Germany 252 154 406 5,347 France 213 71 284 3,816 LEGAL IMMIGRATION TO THE EAST BAY,1986-1991, BY WORLD REGION Ireland 145 137 282 3,953 Portugal 203 65 268 1,657 Czechoslovakia 115 82 197 1,982 REGION 1986 1987 1988 1989 1990 1991 Sweden 77 41 118 1,804 AFRICA 298 245 251 268 303 3431 Italy 73 44 117 2,056 ASIA (INCL.N&M EASI 8,436 7,944 8,028 8,682 9,272 10152 Netherlands 66 48 114 1,373 EUROPE 967 778 831 754 949 1147 Spain 75 26 101 1,310 N.AND C. AMERICA 1,254 1,334 1,435 1,344 1,208 1652 Greece 73 22 95 1,443 OCEANA 192 268 240 206 255 229 Hungary 52 36 88 1,662 S.AMERICA 271 282 302 317 374 370 Other Europe 359 198 557 8,712 EUROPE TOTAL 3,511 1.915 5,426 103,394 TOTAL 111,418 10,851 11,087 11,571 12,361 13 893 Produced by the Newcomer Information Clearinghouse,International Institute,(510)451-2846 -" ATTACHMENT #2 CRBr i ISSUE SUMMARY - !_ <'.f �• _ -iv �.QvYi.�h�}i';:$:f:i:^:if'>r ` v •-^�'�1Cx �vv — __ '.-f.:�A:iY::riri•:i4i:4ii:•: Ki:i.-v}'•F\-s:�. va -?i _ _ _ f':'.v:ii::::.`...t - .}rha- T"}3:•.v �s'G.�iP 4 '..f. � w:.Jii: � 1 Immigrants in California: Findings from the 1990 Census By Hans Johnson / September 1993 California Research Bureau 1029 J Street, Room 500 California State Library Sacramento, California 95814 CRB-IS-93-009 (916) 322-0600 i TABLE OF CONTENTS DIGEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 1 THEDATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 DEMOGRAPHIC INDICATORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Number of Immigrants Growing Rapidly . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Race/Ethnic Composition Stable Since 1970 . . . . . . . . . . . . . . . . . . . . . . . . . 6 Age Structure - Immigrants are Concentrated in Young Working Ages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 SOCIAL INDICATORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 8 Most Immigrants are not Citizens . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 8 Educational Attainment Levels are Low . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Language - Mixed Findings on Ability to Speak English . . . . . . . . . . . . . . . . 11 Marital Status/Living Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ECONOMIC INDICATORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Incomes Lower for Immigrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Labor Force Status Similar for Immigrants and Nonimmigrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Occupation and Industry - Immigrants Represent Substantial Shares of the Work Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Poverty More Common Among Immigrants - Public Assistance a Complex Picture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 APPENDIXA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Foreign immigration is contributing to rapid population growth in California even during the current economic downturn. As a consequence, immigration to the state has become an especially controversial topic.' Critics of foreign immigration argue that immigrants have a negative impact on the state's economic and social life. Claims have been made that immigrants take jobs away from nonimmigrants, that immigrants are a tax burden on government because of their extensive use of welfare and other social programs, and that immigrants' inability to speak English is a threat to American culture. Supporters of immigration claim that immigrants are beneficial economically as well as socially and culturally, and have charged that opponents of immigration are engaging in scapegoating and racism. Table 1 (see page 3)'provides a simplistic r description of the two sides in the immigration debate. Although numerous studies have considered various facets of the impact of foreign immigrants in the United States, few have considered the effects specific to California. With the recent release of detailed individual level records from the 1990 Census, it is now possible to develop a deeper understanding of the economic, social, and demographic impact of immigrants living in California. While many issues in the debate concerning immigrants are difficult to answer, the 1990 Census does provide one of the most comprehensive sources of information on immigrants in the state. This paper provides a socioeconomic and.demographic overview of foreign immigrants counted in California in the 1990 Census. In this study, any person who was born outside of the United States, with the exception of those born abroad of American parents, is considered an immigrant. This definition includes undocumented immigrants, legal foreign residents, refugees, applicants for amnesty, and other legal immigrants. Much of the data presented in this report has direct bearing on the immigration debate. Future California Research Bureau papers will consider other aspects of the debate. The primary findings of this analysis include: • Immigrants now comprise a larger share of the state's population than at any time since at least 1920. • Half of all immigrants currently residing in the state arrived during the 1980s. • The ethnic composition of immigrants to California has changed little over the past twenty years. Hispanics comprise over half of all immigrants in the state; Asians comprise about a quarter of the ; total. • Immigrants are concentrated in young working ages. l Immigration refers to foreign migration only. Domestic migration ( to California from other states in the c United States)is not considered here. CRB-IS-93-009 Page 1 of 23 (September 1993) ' I • Despite high poverty rates, immigrant households are only slightly more likely to receive public assistance, as defined by the Census Bureau, than ' nonimmigrant households. Taking into account differences in education, immigrants are no more likely to receive public assistance than are nonimmigrants. The Census Bureau definition of public assistance includes Supplemental Security Income (SSI), Aid to Families with Dependent Children (AFDC), and other public assistance and public welfare cash payments, but does not include Food Stamps or Medi-Cal. The percentage of immigrants receiving Food Stamps and Medi-Cal is not known. The proportion of AFDC cases comprised of children citizens of ineligible immigrant adults has increased dramatically since the census. This would increase the number of immigrant households receiving public assistance. • The factors most strongly associated with receiving public assistance are education and household type. Single parent families, and households headed by persons who did not complete high school were especially likely to receive public assistance. • Most immigrants are poorly educated (only 54 percent have completed high school); recent immigrants are only slightly better educated than previous immigrants. • Almost 70 percent of immigrants say they are proficient in English. Proficiency in English increases with time in the United States and decreases with age at time of immigration. Over 30 percent of immigrants, or 2.1 million persons, say they are not proficient in English. a • Immigrants comprise a substantial share of the work force for several major industries, including manufacturing, trade, construction, business and repair services, personal services, entertainment and recreation, and agriculture. • Incomes of recent immigrants are much lower than incomes of nonimmigrants. Immigrants who have been in the United States over fifteen years have earnings similar to nonimmigrants. • Immigrants are much less likely to be divorced or separated than nonimmigrants, and are equally likely to be married. • About one-third of the immigrants in California have become citizens of the United States. CRB-IS-93-009 Page 2 of 23 (September 1993) Table 1: The Debate on Foreign Immigration Issue Critics of Immigration Supporters of Immigration Economic Impact The labor of immigrants is a substitute for The labor of immigrants is a complement to the labor of nonimmigrants. the labor of nonimmigrants. Jobs Immigrants take jobs away from Many immigrants take jobs that no one else nommmigrants. will take. Other immigrants provide needed skills. Wages Immigrants drive down wages. Immigrants increase wealth for everyone by supplying labor that expands total economic output. Government Expenditures Immigrants pay less in taxes than they Immigrants pay more in taxes than they receive in benefits: receive in benefits. Public Immigrants are disproportionate receivers of Immigrants,especially undocumented Assistance public assistance. immigrants,are less likely to utilize public services. Most new immigrants are ineligible for public assistance for three years. Health Care Immigrants are less likely to have private Immigrants,especially recent and insurance,and are more likely to receive undocumented immigrants,are less likely to Medi-Cal or indigent care. utilize public services. Immigrants tend to be young and healthy. Education Immigrant children place an extra financial Most children of immigrants are American burden on schools because of their sheer born citizens. Immigrants,especially numbers and language problems. children,learn English rapidly. Incarceration Illegal immigrants comprise a small but Immigrants are no more likely to commit significant portion of the prison population. crimes than nonimmigrants. The cost to the state is high. Environment Immigrants contribute to rapid population Congestion and environmental degradation growth which increases congestion and are the result of poor planning and degrades the environment. inadequate or ineffective environmental regulation. Source: California Research Bureau CRB-IS-93-009 Page 3 of 23 (September 1993) THE DATA The 1990 Census represents the most comprehensive and detailed data set available on immigrants in California. Over 300,000 immigrants in California completed the long-form census questionnaire. Their self-reported responses to the census questionnaire provide a thorough socioeconomic and demographic snapshot of immigrants in the state. Because the Census Bureau attempts to count all residents of the United States, including undocumented immigrants, it includes persons who are missed,-by other surveys. Nevertheless, as with any data set, the 1990 Census has some limitations. Using census data, it is not possible to determine whether an immigrant is undocumented (i.e., a person residing in the United States illegally), a refugee, an amnesty applicant, a foreign student, or some other legal foreign resident. Other than citizenship, the legal status of immigrants is not collected in the census. ' Because much of the debate on foreign immigration centers on..undocumented immigrants, the inability to ascertain the legal status of.immigrants using census data necessarily limits the utility of this study. A recently released Senate Office of Research report (Californians Together: Defining the State's Role in Immigration) did provide limited socioeconomic data as well as a historical sketch of the flows of foreign immigrants by type of immigrant (refugees, amnesty applicants, other legal immigrants, and undocumented immigrants). Another limitation of census data is that some people were not included in the count. The Census :Bureau inevitably misses some persons and households, and has recently decided not to adjust for this undercount. Immigrants, especially undocumented and/or cyclical immigrants, probably experienced higher undercount rates than did the general population. This differential undercount leads to estimates of immigrants which understate their true numbers. If the undercount rate for undocumented immigrants is especially high relative to other immigrants, then the data presented here understate the effect of undocumented immigrants. Overall, the Census Bureau estimates that it missed 3.7 percent of all Californians in its 1990 count. The Census Bureau does not develop estimates of the undercount rate for immigrants. The group with the highest estimated undercount rates are Hispanics, with an undercount rate of 5.2 percent. Additionally, because this study considers only 1990 Census information, it is not possible to determine whether the experience of recent immigrants will be similar to the experience of earlier immigrants. For example, according to the 1990 Census, the average income of recent immigrants was lower than the average income of previous immigrants. This difference could be ascribed to what demographers call "cohort" effects (e.g., the group or cohort of immigrants which entered the United States many years ago was better skilled upon arrival than the cohort which entered the United States most recently). An alternative explanation is provided by period effects (e.g., the lower earnings of the recent cohort reflect a current lack of work experience; this lack of work experience is a period phenomena in that it is not a permanent condition for this cohort). Because this study uses only 1990 Census data, it is not strictly possible to discern between the two effects. CRB-IS-93-009 Page 4 of 23 (September 1993) Finally, emigration skews comparisons between recent immigrants and previous immigrants. Many immigrants to the United States eventually return to their countries of origin. While no comprehensive data exist on these emigrants, most of them are undocumented residents and therefore probably have fewer skills and lower earnings than immigrants who stay in the United States permanently. Emigration usually occurs within a few years after arrival to the United States. Therefore, a survey/census of recent immigrants includes a significant proportion who will eventually return to their country of origin. Over time, measures of the economic well-being of the recent immigrant cohort is likely to show improvement partly because of emigration. Thus, comparisons between recent immigrants and previous immigrants are complicated because the cohort of recent immigrants includes eventual emigrants while previous immigrant cohorts include only long-term residents. DEMOGRAPHIC INDICATORS Number of Immigrants Growing Rapidly The foreign-born population of California increased 80 percent between 1980 and 1990, a growth rate five times as high as the growth rate for the nonimmigrant population of the state. The 1990 Census counted over 6.5 million foreign-born persons residing in California, compared to 3.6 million in 1980. Accordingly, by 1990 immigrants represented over 20 percent of the state's total population, their highest share since 1920. Approximately half of the immigrants in California in 1990 imrrugrated to the United States during the 1980s (see Figure 1). Figure 1 Immigrants in California in 1990 Totals by Race/Ethnicity and Period of Entry 2,000,00 1,500,00 ❑ Other ® White 1,000,00 Hispanic 500,0 Asian 0 Before 1950-591960-64 1965-691970-741975-791980-841985-90 1950._ Source: California Research Bureau, 1990 Census CRB-IS-93-009 Page 5 of 23 (September 1993) Race/Ethnic Composition Stable Since 1970 Based on the broadly defined race/ethnic Figure 2 categories used by the California Department . Immigrants in California inn i990 of Finance, (Asian, Hispanic, White, and Proportions by Race/Ethnicity and Period of Entry Other), the race/ethnic composition of immigrants entering California has not changed 80°' p Other markedly over the past two decades. Since the ®White early 1970s, over 80 percent of-the entering , ^' En His anic immigrants have been either Asian or Hispanic p ■Asian (see Figure 2). A large shift in the race/ethnic composition of immigrants occurred between o% 1950 and 1970 with the share of White 1°m 1950 1 t 1970 1119as- , 1950 59 64 64 69 69 74 79 79 84 84 90 immigrants declining substantially. tee:Cohtmas Remarch Bmaaa,1990 Census k The broadly defined race/ethnic categories Figure 3 mask some distributional shifts within each Hispanic Immigrants in California category. - For example, while Hispanic Total by Period of Entry and Country/Region of Origin immigrants continue to originate primarily from Mexico, the proportion of Hispanic immigrants 1.200,00 that are from Central America has increased over the past 25 years (see Figure 3). Asian 800,000 ®Mexico immigrants are still primarily from the Philippines and China, although the share from ®America Korea and Southeast Asia has risen 400,000 ❑Other substantially (see Figure 4). Recent White 22, immigrants are much more likely to be from 0 02944 North Africa and the Middle East than White Before 1950- 1%0. 1%5- 1970- 1975- 1980- 1985- immigrants of the late 1960s, who were 1950 59 64 69 74 79 84 90 primarily from Western Europe (see Figure 5). Source: California Reaesrch13=4 19%Census Figure 4 Figure 5 Asian Immigrants in California White Immigrants in California Total by Period of Entry and Country/Region of Origin Total by Period of Entry and Country/Region of Origin ®Korea 600.000 �. Japan E Canada 200. 400,000 Philippines ®Eastern Europe 150. China100. ®Western Europe 200.000 India 50.000 S North Africa, 0 ❑other Southeast 0 Sheast Middle East �. Before 1950- 1960• 1965 1970- 1975 1980• 1985 Asia Befoue 1950- 1960• 1965- 1970• 1975- 198U. 1985 Other Whlte 1950 59 64 69 74 79 84 90 .Other 1950 59 64 69 74 79 SQ 90 Source.Cshfomia Research Bureau,1990 Census Source: Cabfmm Reswcb Bureau.1990 Census CRB-IS-93-009 Page 6 of 23 (September 1993) Compared to the nonimmigrant population of the state,.the immigrant population of the state is more racially and ethnically diverse. While the 1990 immigrant population of the state was over 80 percent Hispanic, Asian, and Pacific Islander, the 1990 nonimmigrant population was:only 22 percent Hispanic, Asian, and Pacific Islander(see Figures 6a and 6b). Figure 6a Figure 66 ' Race/Ethnic Distribution of Immigrants, 1990 Race/Ethnic Distribution of Nonimmigrants, 1990 j Other 2% White Other 18% 9% Hispanic 18% i Hispanic 52% Asian and Pacific Asian and Pacific Islander lslander4% 28% li&White 69% Source: California Research Bureau, 1990 Census Age Structure - Immigrants are Concentrated in Young Working Ages Almost half of all immigrants to California are between the ages of 20 and 39, a much higher proportion than among the nonimmigrant population (see Figure 7). Relatively few immigrants are children. As a result, the dependency ratio is lower among immigrants than nonimmigrants. (The dependency ratio, the number of children and elderly persons per 100 persons of working age, is a measure of a population's ability to support nonworking people; a low ratio means there are a lot of potential workers to support the nonworkers.) Figure 7 Age Distribution of California Residents,1990 14.011. 12.01/. 10.0% s.ac ■Immigrant 6 M. El Nonimmigrant F 4.00% 2.oX 0.0% 11114 0.4 10-14 20-24 30-34 4044 50-54 60-64 5-9 15-19 25-29 35-39 4549 55-59 65+ _. Agc Group Soum: California Rewamh Bumm 1990 Census r CRB-IS-93-009 Page 7 of 23 (September 1993) However, the dependency ratio of immigrants is somewhat misleading. Most of the children of immigrants are born in the.United States, and therefore are not included in the calculation of the dependency ratio of immigrants. When American born children of immigrants are included in the calculation, dependency ratios for recent immigrants are still slightly lower than dependencyratios for nonimmigrants (35.2 versus 35.7), but dependency ratios for immigrants arriving before 1980 are somewhat higher than dependency ratios for nonimmigrants (40.5 versus 35.7). SOCIAL INDICATORS Most Immigrants are not Citizens Only one-third of the immigrants in Figure 8 C California are citizens of the United Percent Citizens by Years Since Immigration States. This figure is undoubtedly tool. skewed low by the presence of non- citizen residents who intend to stay in soap the United States only a short time 600% (e.g., students and temporary foreign 400/ workers) and by undocumented immigrants. Nevertheless, the 20°� proportion of non-citizens is high even oab among immigrants who have resided 0-3 4-5 6-8 9-10 11-15 16-20 21-25 26-30 30-39 >40 in the United States for decades. For Years Since Immigration example, less than half of the Source: California Research BureaLk IM Ccn>u immigrants who entered the United Table 2 States from 1965 through 1969 were citizens of the United States in 1990. Still, the longer an immigrant has resided in the United States, the more likely he/she Citizenship by Years of Residence in the U.S. will have become a citizen (see Figure 8). Percent Citizens Looking at White immigrants and Asian immigrants that Years in the U.S.: have been in the United States for the same number of 0-9 16-20 years, Asian immigrants are more likely to become Immigrants 25.4% 41.5% citizens (see Table .2). However, because White Asian 36.3 74.4 Hispanic 17.0 25.4 immigrants have resided in the United States for more White 32.2 52.7 years than Asian immigrants on average, White immigrants are overall more likely to be citizens. Partly source: California Research Burraq 19WCcn as because a significant proportion of Hispanic immigrants are undocumented, citizenship rates among Hispanics are especially low. The number and proportion of Hispanic citizens should increase substantially as amnesty applicants become eligible for citizenship. CRB-IS-93-009 Page 8 of 23 (September 1993) Educational Attainment Levels are Low Although a significant proportion of immigrants have completed college, most immigrants have low educational attainment levels. Of persons aged 25 and over,just over half of the immigrants have completed.high school while over 80 percent of the nonimmigrants have completed high f school. Nevertheless, almost the same proportion of recent immigrants as Table 3 f nonimmigrants have graduated from college. For all persons aged 25 and over, over 18 percent of Educational Attainment immigrants and 25 percent of nonimmigrants are For Persons 25 and Over college graduates. As shown in Table 3, Asian and White immigrants have high educational Percent Completing: € attainment levels, while Hispanic immigrants have High School College particularly low levels of education. Indeed, the proportion of college graduates among Asian Immigrants 54.0 18.3 Asian 74.3 33.9 immigrants is substantially higher than the Hispanic 31.1 5.1 proportion among nonimmigrants. White 75.3 26.5 Many immigrants arrive in the United States Nonimmigrants 83.6 25.0 having already completed college. Among Sora: California Researach Bureau,1990 Census recently arriving immigrants, the proportion who are college graduates is almost as high as for the total nonimmigrant population of the state. Recent immigrants are more likely to have graduated from college than previous immigrants (see Figure 9a). Figure 9a Percent College Graduates Percent by Period of Entry 22 20 j 18 I i 16 14 12 10 Before 1950 1950.59 1960.64 1965-69 1970.74 1975-79 1980-84 1985-90 Period of Entry Note: For persons aged 25 and over Source: California Research Bureau,1990 Census CRB-LS-93-009 Page 9 of 23 (September 1993) In terms of high school education, immigrants who came to California during the 1980s tended to be slightly better educated than immigrants who arrived during the 1970s and prior to 1950. However, compared to immigrants who arrived during the 1950s and 1960s, recent immigrants are less likely to have graduated from high school (see Figure 9b). In addition, the, rise in educational attainment levels of immigrants between 1970 and 1990 did not keep pace with.the overall rise in educational attainment levels of all Californians. Figure 9b Percent High School Graduates by Period of Entry 70 60 50 40 Percmnt 20 10 Before 1950- 1960- 1965- 1970- 1975- 1980- 1985- 1950 59 64 69 74 79 84 90 Period of Entry Source: California Research Bureau,1990 Cereus The 1990 Census does provide some evidence that educational assimilation is occurring. Using census data, it is not possible to identify the adult children of immigrants. We can, however, follow very young immigrants to determine their educational attainment. Immigrants who entered the United States between the ages of 0 to 4 may be a reasonable proxy for U.S. born children of immigrants. Educational attainment levels are much higher for foreign-born Figure 10 children of immigrants than for older High School Graduates immigrants. For example, immigrants 90% Percent by Age at Immigration who entered the United States as young children have high school and 80% college graduation rates similar to 70% nommmigrants (see Figure 10). It is 60% reasonable to expect that the 50% American-born children of immigrants 40% would have fewer language barriers 30°i° and woulderform at least as well as 0-4 5-9 10- 15- 20- 25- 30- 35- 40- 45- 50- 55- 60- 65+ p 14 19 24 29 34 39 44 49 54 59 64 the foreign-born children of immigrants Age at Immigration in terms of educational attainment. Note: o,tly persons aged 20 and over as the time of the camu we included Source: California Research Bureau.1990 Cereus CRB-IS-93-009 Page 10 of 23 (September 1993) f { Language - Mixed Findings on Ability to Speak English Most immigrants, and young immigrants in particular, become proficient in English within a few years of arrival to the United States. Approximately two of every three immigrants in California speak English proficiently.2 Nevertheless, 2.1 million immigrants in California are not proficient in English. For immigrants, the ability to speak English is a.function of age at time of entrance to the United States and the number of years since entrance. i Younger immigrants are more likely to speak English proficiently than are older immigrants. For example, almost 90 percent of immigrants who were less than five years old when they immigrated to the United States spoke English proficiently by the time of the 1990 Census, while r less than half of those who immigrated between the ages of 50 and 65 spoke English proficiently. k Regardless of age at time of immigration, the ability to speak English increases with the number of years that an immigrant has resided in the United States. Among immigrants in California in 1990, less than half of the most recent immigrants were proficient speakers of English. The j proportion of proficient speakers increases to two-thirds for immigrants who had been in the United States for 9 to 10 years, and increases to 90 percent for those who had resided in the country for over 40 years. Upon entrance, White immigrants were more Table 4 likely to be proficient in English than were Asian or Hispanic immigrants. However, for Proficiency in English `. those who have been in the United States at least 16 years, the differential between White Percent Proficient in English and Hispanic immigrants narrows Years since immigration: dramatically, and is practically non-existent 0-3 16-20 between White and Asian immigrants (see Table 4). All Immigrants 48.5% 73.5% Asian 59.2 87.9 These findings suggest that immigrants Hispanic 36.7 63.7 realize that the ability to speak English is White 71.4 89.9 important in their. success in the..United . source: CaUbmia Research Bureau,1990 Cmsus States. The overwhelming majority of immigrants eventually become proficient in English. 2In this discussion, persons who reported speaking only English or who reported speaking English well or very well are regarded as proficient in English. CRB-IS-93-009 Page 11 of 23 (September 1993) Marital Status /Living Arrangements Immigrants are just as likely to be married as nonimmigrants. Immigrants are more likely to be single (never married), slightly less likely to be widowed, and only half as likely to be divorced or separated as nonimmigrants (see Figure 11). Some of these differences may reflect age differentials between the two groups, but probably also reflect strong emphases placed on family, ties among immigrants. For example, immigrants are much less likely to live alone or with non- related roommates then are nonimmigrants. Family households, both Table 5 single parent family households and married couple family households, are Family/Household Size more common among immigrants than and Number of Children nonimmigrants. Immigrant households Non- are over twice as likely to include Immigrant immigrant extended family members as Households `^" Households nonimmigrant families.3 Immigrants tend Avg. number of children 1.9 1.7 to have more children than Persons per household 3.9 2.6 nonimmigrants. Accordingly, the average Persons per family 4.3 3.1 number of persons per household and average family size are higher among Source: California state census Data Center,1990 Census immigrant households (see Table 5). Figure 11 Marital Status of California Residents Aged 15+, 1990 60.0% 52.71/6 52.70/6 50.0% 40.0% 35.6% 30.0% 27.1% 20.0% 13.8% 10.0"6 4.6% 6.3% 0.0% Never Married Married Divorced or Separated Widowed N Immigrants El Nonimmigrants Source: Califomia Research Bureau, 1990 Census 3 Families consist of related persons living together in a household. Households include families as well as non- related individuals living alone or together. In this tabulation, immigrant households are households in which the householder(the adult who completed the census form)was an immigrant. CRB-IS-93-009 Page 12 of 23 (September 1993) ECONOMIC INDICATORS Incomes Lower for Immigrants On average, immigrants earn substantially less income than nonimmigrants. Per capita incomes in 1989 were 24 percent lower for immigrants (just over $13,000) compared to nonimmigrants (just over $17,000). The incomes of immigrants are a function of age and time in the United States. Older immigrants earn more than younger immigrants, as is typical of nonimmigrants. As shown in Figure 12, mean annual earnings were higher for immigrants in their forties than for immigrants in other age groups. However, because immigrant households contain more workers per household, median household incomes for immigrants are fairly close to nonimmigrant household incomes. For immigrants who have been in the United States over ten years, median household incomes are almost 90 percent of nonimmigrant median-household incomes. Immigrants who have resided in the United States for long periods of time earn more than recent immigrants. Average annual incomes were much lower for recent immigrants relative to previous immigrants (see Figure 12). Indeed, immigrants who have been in the United States for at least 16 years have earnings similar to nonimmigrants. Because educational attainment levels of recent immigrants are slightly higher than for previous immigrants, it is possible that the difference in earnings between recent immigrants and previous immigrants reflects a lack of United States work experience among the recent immigrants. As the recent immigrants increase their work experience and develop job networks, it is possible that their earnings will increase and reach levels similar to or higher than previous immigrants. An alternative scenario is that structural changes in the economy, specifically a decline in the demand for low-skill jobs, could prevent recent immigrants from ever experiencing the earning levels achieved by previous immigrants. Figure 12 Average Annual Income by Age and Years Since Entry Income($): 25,000 20,000 Years Since i Entry: 15,000 j 10,000 i j ❑ 0-5 5,000 i 016-20 0 20- 25- 30- 35- 40- 45- 50- 55- 60- 65+ 24 -29 34 39 44 49 54 59 64 Age Source: California Research Bureau, 1990 Census CRB-15-93-009 Page 13 of 23 (September 1993) Labor Force Status Similar for Immigrants and Nonimmigrants Overall, immigrants are similar to nonimmigrants in terms of labor force participation (see Figure 13). Male immigrants are slightly more likely to be in the labor force than male nonimmigrants. In contrast, female immigrants are slightly less likely to be in the labor force than female nonimmigrants. The lower labor force participation of female immigrants is probably the result of more persons in immigrant households, and thus more household responsibilities. Unemployment rates are higher for immigrants than nonimmigrants. Figure 13 Labor Force Status of California Civilians Males Aged 16+ Immigrants N Non-immigrants 80.0% 72.6% 70.2% 60.0% 40.01% 20.9% 25.2% 20.01/• 6.4% 4.6% 0.0'/� Employed Unemployed Not in the Labor Farce Females Aged 16+ 80.0% 60.0% a 553% 16.0% 11.2% 40.0% 20.0% 5.4% 73% 0.0% Employed Unemployed Not in the Labor Force Total Population Aged 16+ 6&M fiM 60.01% 0 40.0% 20.0% S.fK r.fx 0.0% Employed Lhemployed Not in the Lebon Force Source: California Research Bureau, 1990 Census CRB-IS-93-009 Page 14 of 23 (September 1993) Occupation and Industry -Immigrants Represent Substantial Shares of the Work Force Immigrants are much more likely to work in blue collar occupations than nonimmigrants (see Figure 14) . A common misperception is that most immigrants work in agriculture. Although agriculture is: especially dependent on Figure 14 Occupational Distribution of California's Residents,19% immigrant labor, over 90 percent of 4o% immigrants work in industries other than 35% agriculture. Even among recent Hispanic 3096 25% immigrants (the group most likely to work 20% in agriculture), the overwhelming majority -Is% work in industries other than agriculture. io% While most agricultural workers are s% fts JU immigrants, most immigrants are not 0% Matugerial& TahnicA Service Fuming, Craft, agricultural workers. p1°f�4O07' sale Forestry, Laborers, Support Others ■Immigrants p Nonunmigrants Immigrants comprise sizable portions of Source:Cahfm=Research Bureau.1990 Censm the work force of many industries in California (see Figure 15). Critics of immigration will point to this finding as evidence that immigrants are taking jobs away from nonimmigrants. Conversely, proponents will argue that this chart is proof that immigrants are an important element of the economy and are providing needed skills. Actually, the chart is consistent with both positions, and proves neither. In addition to agriculture, industries that are heavily dependent on immigrants include: • trade (both wholesale and retail), • manufacturing (durable as well as non-durable) , • business and repair services, and • personal, entertainment, and recreation services ("Other Services" in Figure 15). Overall, immigrants comprise over 25 percent of the civilian labor force in California. Figure 15 Immigrant Share of Total Employment by Industry California, 1990 g0.0°r 71.8% 60.0% 43.5% 40.5% 40.0% 29.6% 34.2% 21.1% 21.8% 21.7% 9% 20.0% 15. I i 14.2•h I I I I 0.0% i Agriculture, Mming Construction Manufac. Trarivor- Trade Fmmce, Other Professional Public For-try, ming talion and hwurmoe, Services Health.d Admix d Fnhctg co®nunx8bon and Real Estate Education Ser Aces Source- California Research Bureau.1990 Census CRB-IS-93-009 Page 15 of 23 (September 1993) Poverty More Common Among Immigrants - Public Assistance a Complex Picture Despite the extreme difference in poverty rates between immigrants and nonimmigrants, immigrant households are only slightly more likely to receive public assistance than noriimmigrant households (see Figure 16 and Figure 17).4 Public assistance as defined by the Census Bureau includes Supplemental Security Income (SSI), Aid to Families with Dependent Children (AFDC);- and AFDC);and other public assistance and public welfare cash payments; it does not include Food Stamps or Medi-Cal. Data on AFDC usage figure 16 from the Department of Social Poverty Status for California Residents,1989 Services, while not directly comparable to the census data, are 35'0.A30.0'R consistent with the findings on public 25.0% assistance utilization from the 1990 200% Census. Since 1990,.Department of Social Services data indicate that the 1o.ov, proportion of AFDC cases comprised s.a� of citizen children of ineligible o.o% immigrant • parents has increased Non m rugrants dramatically, from 7 percent of the ■Below Poem Leel 0 Below 150%of Poverty Level total number of AFDC cases in August 1989 to 14 percent in January Soume: Califomia Rese=b Bumu,1990 Census of 1992. Figure 17 Percent of Households Receiving Public Assistance by Immigration Status 12% 10% 6% 4% 2% 0% Immigrant Nonimmigrant s=ce: California Reesuch Biaeaµ1990 Census 4 In this discussion, households with at least one immigrant are considered immigrant households. A subset of 50,000 households from the 1990 Census Public Use Microdata Sample served as the basis for the tabulations and statistical model presented in this section. CRB-IS-93-009 Page 16 of 23 (September 1993) Using 1990 Census data, the California Research Bureau developed a statistical model to identify factors which are strongly associated with receiving public assistance. A total of sixteen. social, economic, and demographic variables were included in the model.5 The results of the model indicate that- only a few factors are strong predictors of the likelihood of receiving public assistance. Table 6 presents observed proportions receiving public assistance for the factors which the model determined to be most significant and powerful in predicting public assistance utilization. Household type is one of the most important factors. Family households headed by a non-married person are much more likely to receive public assistance than are other types of households. In particular, family households headed by single females are especially likely to receive public assistance. Table 6: Percent of Households Receiving Public Assistance by Selected Householder Characteristics Non- Immigrants immigrants Total 11.7% 8.8% Education: Postgraduate 4.2 1.7 College Graduate 5.7 2.1 Some College 8.1 6.5 High School Graduate 9.8 10.6 Less than High School 19.1 22.5 Household Type: Single Female Headed Family 26.2 28.0 All Other 9.8 6.3 Source: California Research Bureau, 1990 Census Education is an equally strong predictor of public assistance utilization. The probability of receiving public assistance was found to dramatically decline with increasing levels of education. Households headed by persons who did not complete high school are twice as likely to receive public assistance as households headed by high school graduates, and households headed by high school graduates were 3.5 times as likely to receive public assistance as households headed by college graduates. Other factors with some explanatory power in the model included the presence of children in the household, and proficiency in English. Households with young children (aged five and under) were approximately 1.5 times more likely to receive public assistance than otherwise similar households without children, and households headed by persons not proficient in English were approximately 1.3 times more likely to receive public assistance than otherwise similar households headed by persons proficient in English. 5See Appendix A for a more complete treatment of the statistical model. CRB-IS-93-009 Page 17 of 23 (September 1993) Immigration status, when taking into account the effect of other factors, was of no practical consequence in explaining the likelihood of receiving public assistance. Immigrants are not more likely to receive public assistance because they are immigrants; they are more likely to receive public assistance because they tend to be poorly educated. Controlling for education, immigrant households were essentially no more likely to receive public assistance than nonimmigrant households. Nevertheless, it is important to note that immigrants are generally much less educated than nonimmigrants, and this explains the slightly higher proportions receiving public assistance. CRB-LS-93-009 Page 18 of 23 (September 1993) REFERENCES California Assembly Select Committee on California-Mexico Affairs (1993), Immigrants, Immigration & the California Economy; A Compendium of Materials Submitted at an Informational Hearing, February 25, 1993, Sacramento, CA. California Department of Finance (1993), Components of Change, Foreign and Domestic Migration, Sacramento, CA. California Department of Social Services (1993), Estimates Branch, unpublished data and _ personal communication. California Department of Social Service (1992),Refugees Receiving Cash Assistance Characteristics Survey; Study Month January 1992, Sacramento, CA. California Department of Social Service (1989),Refugees Receiving Cash Assistance Characteristics Survey; Study Month August 1989, Sacramento, CA. California Health and Welfare Agency (1989),A Survey of Newly Legalized Persons in California, San Diego, CA: Comprehensive Adult Student Assessment System. California State Census Data Center(1993), SCDC Newsletter, March 1993. Census of Population and Housing, 1990: Public Use Microdata Sample U.S. Technical Documentation, prepared by the Bureau of the Census. Washington D.C.: The Bureau, 1992. Census of Population and Housing, 1990: Public Use Microdata Samples[machine-readable data files]. prepared by the Bureau of the Census. Washington D.C.: The Bureau [producer and distributor], 1992. Espenshade, Thomas J. and Eric S. Rothman (1992), "Fiscal Impacts of Immigration to the United States, " Population Index 58:3,381-415. Immigration and Naturalization Service (1991), 1990 Statistical Yearbook of the Immigration and Naturalization Service, Washington D.C.: United States Department of Justice. Los Angeles County, Internal Services Department, Urban Research Section. 1992. Impact of Undocumented Persons and Other Immigrants on Costs, Revenues, and Services in Los Angeles County. Report prepared for the Los Angeles County Board of Supervisors. Passel, Jeffrey S. and Woodrow, Karen A. (1984), Geographic Distribution of Undocumented Aliens Counted in the 1980 Census by States, Paper presented at the annual meeting of the Population Association of America, Minneapolis. CRB-IS-93-009 Page 19 of 23 (September 1993) " E Radoslovich, Frank, Philip Romero, and Beth Vella(1993), The North American Free Trade Agreement: Implications for California, Sacramento, CA: Governor's Office of Planning and Research. Rea, Louis M. and Richard A. Parker. 1992. A Fiscal Impact Analysis of Undocumented r Immigrants Residing in San Diego County. Sacramento: Office of the Auditor General of California. ,t - r CRB-LS-93-009 Page 20 of 23 (September 1993) APPENDIX A A logistic regression model was developed to examine the relationship between the probability of receiving public assistance and numerous social, economic, and demographic factors. The model was developed on a subset of over 50,000 California households from the 1990 Census Public Use Microdata Sample. In Model 1, the full model, sixteen independent variables were included (see Table Al). Model 2 considered only the immigrant status and household type variables, and �. Model 3 considered only the immigrant status and education variables. For all models, the dependent variable was the dichotomous determination of whether or not a household received public assistance income in 1989. Some of the independent variables are based on characteristics of the household, while other independent variables are based on characteristics of the householder (i.e. the person who completed the census form). Table A2 shows the results of the three models. An additional model, not reported here, indicated that interaction effects of immigrant status with household type and educational attainment variables were not powerful predictors of public assistance utilization. Because of the large sample size, almost all of the independent variables were highly statistically significant. Nevertheless, not all of the factors were strong predictors of the likelihood of receiving public assistance. The magnitude of the predictive strength can be evaluated by looking at the absolute values of the coefficients in Table A2. In logistic regression, the coefficients represent the log odds ratio. Negative coefficients indicate lower predicted probabilities of public assistance utilization; positive values indicate higher predicted probabilities. i Model 1 predicts that households headed by high school graduates are only half as likely to utilize ' public assistance as households headed by persons who did not complete high school. Households headed by single or divorced males were two times more likely to receive public assistance than married couple households, and households headed by single females were five times more likely to receive public assistance. Citizenship and immigrant status are not strong predictors of public assistance utilization. The results of Model 2 and Model 3 indicate that the observed association between immigrant status and public assistance utilization is primarily due to lower educational attainment levels among immigrants than among nonimmigrants. Controlling for household type, Model 2 predicts that immigrant households are 1.4 times more likely to receive public assistance than are nonimmigrant households. The observed ratio of public assistance utilization between immigrant and nonimmigrant households in the sample was only 1.3. Thus, the structure of household living arrangements among immigrants results in a lower dependence on public assistance. Immigrants are less likely than nonimmigrants to live in household types that are associated with high public assistance utilization. CRB-IS-93-009 Page 21 of 23 (September 1993) Table Al Independent Variables in the Logistic Regression Models Variable Description AGE Age in years MANY Binary;0=all household members are nonimmigrant, I=at least one household member is an immigrant HSGRAD Binary; 1 =householder is a high school graduate SOMECOL Binary; 1 =householder attended but did not complete college COLGRAD Binary; I =householder is a college graduate POSTGRAD Binary; I =householder earned advanced degree SWAM Binary; I =family household headed by a single male SFFAM Binary; I =family household headed by a single female SMNFAM Binary; 1—single.maleliving alone SFNFAM Binary; I =single female living alone MNFAM Binary; 1 =male householder living with non-related persons FNFAM Binary; 1 =female householder living with non-related persons CHLD6 Binary; 1 =household includes children less than six years of age CBLD17 Binary; 1=household includes children between the ages of six and seventeen USCITZN Binary; I =citizen of the United States NOTENG Binary; I =not proficient in English Source: California Research Bureau CRB-IS-93-009 Page 22 of 23 (September 1993) Table A2 Results of the Logistic Regression Models ------- Logit Coefficients ------ Variable Model 1 Model 2 Model 3 ---------- --------- --------- --------- INTERCEPT -2.7039 * -2.7933 * -1.3348 * AGE 0.0139 * IMANY 0.0383 * 0.3626 * 0.0155 HSGRAD -0.7280 * -0.8144 * SOMECOL -1.1036 * -1.2794 * COLGRAD -1.8264 * -2.1528 * POSTGRAD -2.0395 * -2.3675 * SMFAM 0.7692 * 0.7683 * SFFAM 1.6016 * 1.7187 * SMNFAM -0.0646 * -0.2017 * SFNFAM 0.3953 * 0.6298 * MNFAM 0.3036 * -0.1253 * FNFAM 0.3580 * -0.0293 CHLD6 0.4656 * CHLD17 0.1850 * USCITZN 0.0343 * NOTENG 0.2916 * Likelihood ratio 174,722.93 2,404.58 2,263.91 * denotes significance at the .01 level Source: California Research Bureau Controlling for education, Model 3 predicts that immigrant households are essentially no more likely to receive public.assistance than are nonimmigrant households. The results of Model 3 suggest that if immigrant households had educational attainment levels similar to nonimmigrants, then public assistance utilization would be similar between the two groups. CRB-IS-93-009 Page 23 of 23 (September 1993) OVERVIEW OF ALIEN ELIGIBILITY FOR FEDERAL PROGRAMS A�dE1V'S STATUS PAROLEE, LPR FAMILY REFUGEE/ CUBAN! .EPS DED ASYLUM UNDOCU- PROGR" UNITY ASYLEE AArrIAN APPLICANT MENTED ENTRANT y. } CASH Same as Arguably AFDC Yes amnesty Yes Yes No yes as No** No alien PRUCOL* SSI Yes Yes Yes Yes No Yes Arguably yes No as PRUCOL* Unemployment uceYes Imura ''"; - Yes Yes Yes Yes Yes Yes (if work- No authorized) Yes,if Yes,if Amer- paroled as No, unless asian, refugee or No, unless Refiugee former No Yes asylee or if No No national of national of Assistance refugee national of Cuba or Haiti Cuba or or Cuba or Haar asylee Haiti MEDICAi`:CAitE Same as Emergency Emergency Emergency Medicaid Yes amnesty Yes Yes Yes alien services services** services FOOD Food Siam Yes Yes Yes Yes No No No No _. WIC Yes Yes Yes Yes Yes Yes Yes Yes Sclsool Lunch Yes Yes Yes Yes Yes Yes Yes Yes &Breakia 'i: EDUCATIt�N 2 Headstart, Yes Yes Yes Yes Yes Yes Yes Yes 15fleYes Yes Yes Yes Arguably Arguably Arugably yes No Federal:Coatis. yes yes Yes Yes Yes Yes Ti PA Yes (if work Yes., Yes (if work- (if work- (if work- No authorized) authorized) authorized) authorized) HOUSING Federal Yes Yes Yes Yes Yes Yes Yes Yes *PRUCOL-permanendy residing in the U.S. under color of law **Some states, such as Florida and Massachusetts,recognize as PRUCOL _ Table prepared by the National Inunigrarion Law Center 6193 "s C j^kj r"(Cc- ATTACHMENT #4 ak S&/c Pd - C y m.G�u c t PSa/i1 / �► J� (yttr✓! ,k PC -i'^r"0.1 / o �!'t C A,l �'�l�r Po I �vN ,-t-t Appendix (J y,v:� REFUGEES' ASSISTANCE, SOCIAL AND EMPLOYMENT SERVICE ENTITLEMENTS i The U.S. Refugee Resettlement Program under the authority of the California Department of Social Services (DSS) provides refugees cash assistance, food stamps, employment and training services and community resources with the goal of promoting self-sufficient family units. Cash Assistance Programs The following cash assistance programs are available to refugees who meet the eligibility requirements: AFDC (Aid to Families with Dependent Children), SSI/SSP (supplemental security income/state supplemental program), and county General Assistance ' (GA) as well as Refugee Cash Assistance/Entrant Cash Assistance (RCA/ECA). AFDC and SSI/SSP For refugees, the eligibility criteria for these public assistance programs are the same P P g � as those for nonrefugees. j is RCA/ECA Refugees/entrants who do not qualify for the AFDC or SSI programs may be eligible for RCA/ECA for a maximum of eight months after their arrival date. This category of recipients is generally made up of single men and women, and couples without children. In order to receive RCA, refugees must register and participate in a state-approved employment training or language program and accept an appropriate offer of employment. Local General Assistance Refugees qualify for GA on the same basis as other residents. This program is county- funded and varies across counties. Emergency Assistance Program The EAP provides cash assistance to meet the emergency needs of intact families when both parents are unemployed and neither parent has a connection with the labor force. Unaccompanied Minor (UM) Program The county in which the minor is placed establishes protective legal custody for the child within 30 days after the child's arrival. The county welfare department has to ensure 175 3 that the child receives the full range of child welfare benefits and services provided to nonrefugee children in foster care. Health Service Programs Medical assistance costs are subject to reimbursement from the U.S. Office of Refugee Resettlement (ORR) on the same basis as cash assistance. Costs for public health services such as referral to followup services, education and counseling, support services, health assessments, and clinical or technical services are covered. Current federal regulations provide funding to cover the overall state costs of providing medical assistance to eligible refugees during their first eight months in the U.S. County Social Services Refugees may be eligible for the following county-administered social services: Federally mandated Information and Referral; Emergency Response; Family Maintenance, Protective Services for Children; Protective Services for Adults; Family Reunification, Permanent Placement; Out-of-Home Care Services for Adults; and In-Home Supportive Services. Optional Special Care for Children in Their Own Homes; Home Management and Other Function Educational Services;Employment/Education/Training;Services for Children with Special Problems; Service to Alleviate or Prevent Family Problems; Sustenance; Housing Referral Services; Legal Referral Services; Diagnostic Treatment Services for Children; Special Services for the Blind; Special Services for Adults; Services for Disabled Individuals; and Services for County Jail Inmates. The total level of social services available is subject to yearly appropriations by the state legislature, Congress, and the individual county boards of supervisors. Since October 1, 1984, ORR has allowed states to expend up to 15 percent of their Refugee Social Services allocations to provide the aforementioned and other nonemploy- ment-related services to refugees. Refugee-specific Employment Services System RESS is designed to assure that the employment services needs of refugees are properly determined and met through a planned set of services designed to result in self sufficiency. On an annual basis, ORR provides the state with Refugee Social Services (RSS) and Targeted Assistance (TA) funding. These funds are allocated to the counties to provide the following services to refugees: Client Intake Services Support Services (child care, transportation and work-related) Employment Services (ES) English-as-a-Second Language Training (ESL) On-the-Job-Training (OJT) Vocational Training (VT) 176 Work Experience Educational Services (EDS) Other Employment-related Services Counties may provide the services directly or contract with other agencies to provide them. However, counties are required to allocate at least 85 percent of their program allocations to employment and employment-related services and activities. The rest can be used for nonemployment-related services. Greater Avenues for Independence GAIN is a mandatory program to assist AFDC applicants and recipients become self- sufficient by providing them with the necessary skills to obtain/retain employment. Counties also may elect to serve RCA clients in their GAIN system. Depending on their needs, GAIN participants are provided employment services and employment-directed training and education. The program takes into consideration the recipients' need for ESL and remedial education. Self-initiated training programs (limited to two years) and college programs (limited to two years) are allowed if they are tied to the local labor market. Complimenting the employment-related services is a full range of supportive services to facilitate the recipients' successful participation in GAIN (i.e., child care, transportation assistance, and other ancillary services that assist in removing barriers to program participation). Counties can use RSS and TA funding to pay for GAIN activities provided to AFDC recipients, and for those provided to RCA recipients if the county is mandating their participation in GAIN. Special Programs Mutual Assistance Associations MAAs are private, nonprofit organizations established and operated by refugees. Qualified MAAs may apply for RSS and TA funds. In addition, they may apply for MAA Incentive Funds, part of the state's RSS allocation, which are provided to RSS-eligible counties for the provision of social adjustment and cultural orientation services. The California Department of Social Services encourages MAAs to participate in the F development of their county's plan for services to refugees and provide them with technical assistance related to the provision of those services. Amerasian Special Needs As a result of growing up as outcasts in Vietnam, arriving in this country with unrealistic expectations for gaining acceptance, lacking in formal education, and having limited employment skills, Amerasians need a broad array of services to successfully resettle in the United States. The Amerasians and their families are eligible for all the current services provided to other refugees and immigrants, but because of their special 177 x i t k circumstances the Office of Refugee Resettlement makes available additional funds to provide services that supplement those in place for the other two aforementioned groups. These supplemental services'may include intensive case management and client tracking, crisis intervention, and in-depth counseling. Since 1989, ORR has made Amerasian Special Needs funding available for areas that } have a "cluster" of Amerasians. The funding level is $35,000 per site. For 1991-92, six counties in California received "cluster site" awards: Alameda, Los Angeles, Orange, Sacramento, San Diego, and Santa Clara. i 1 s (9h1 F { 1 f 0 eeR a: 178 t • ATTACHMENT #5 COALITION FOR IMINUGRANT & REFUGEE RIGHTS & SERVICES Affirmation of the Human Rights of Immigrants and Refugees The United States is a country built by immigrants. With the exception of native Americans, each of us can trace our origins to other countries. No nation has so successfully combined people from different backgrounds within a single society. This heritage helps shape and sustain our nation's commitment to pluralism, diversity, and respect for individual rights, and is our unique source of strength. An immigration policy which continues to welcome immigrants from all lands and to provide refuge to those who are threatened is a tradition that we must preserve and honor. Today, global interdependence has changed the nature of national identities and borders. Immigration policy is not simply a matter of domestic policy. International migration is a world- wide reality, with an estimated 100 million people in transit. They move to flee war and persecution. They move to seek respite from famine and persistent poverty. They move to escape the effects of natural or man-made disasters. They move to seek better opportunities or to reunite with their loved ones. And yet, today we are witnessing rising anti-immigrant hysteria. Much of the hatred and hostility towards immigrants is motivated by fear and frustration about the stagnant economy, the continued budget cuts in education and public services, the rising costs and diminishing availability of health care, and growing crime and,violence. While these are serious issues that we must confront together as a nation, it is wrong and simplistic to blame immigrants for problems they did not create. The- true causes of these difficulties are inequitable tax structures, misallocation of public resources, the flight of jobs and capital to more "profitable" locations outside the country, and lack of investment in local workers and American productivity. Scapegoating and attempting to marginalize our society's newcomers only diverts from the pressing task of building workable solutions to the problems we face as a society. The history of anti-immigrant sentiment in the United States follows a pattern in which immigrants are generally welcomed in times of economic expansion, and scapegoated in times of insecurity. It is easier to dehumanize and blame some sector of the population rather than work together towards solutions to difficult economic and social problems. But any attempt to erode the rights of newcomers is to erode the rights of all of us. Diminishing the dignity of the newcomer is to diminish our society itself. And so it is necessary to open space in the public debate for the human and moral dimensions of these issues. Whether immigrants or native born, we are all members of the same human family, with the same fundamental rights. Efforts to make life more difficult and even unbearable for immigrants and refugees is morally wrong and violates fundamental human and civil rights and the dignity of each human being. Coalition for Immigrant & Refugee Rights & Services Page 1 We affirm that there are fundamental human rights, regardless of race, ethnicity, national origin or immigration status. We affirm the right to movement, to work, to be with one's family. We affirm the right to education, housing, health care and basic social services. We affirm the right to live in dignity, free from discrimination, prejudice, physical and verbal abuse or exploitation. We believe that human dignity and survival often depend on fulfillment of political and economic rights. Therefore, we reject simplistic distinctions between economic migrants and political refugees with respect to these fundamental rights. Furthermore, we must recognize that U.S. foreign and economic policies are all too often directly responsible for the factors pushing people to leave their native lands. Through our support for repressive and undemocratic regimes, as well as our practice of inequitable trade and economic policies which promote and maintain conditions of underdevelopment, we have caused millions to flee their countries. To address, therefore, the root cause of migration, we must work to eliminate the dramatic disparities between developed and developing nations. We must support authentic, democratic movements building equality and social justice. We must alter the logic of international trade. While we are developing long-term solutions, we must also address the immediate consequences of current global migration trends. We have a particular humanitarian obligation to receive those persons forced to flee conditions which we helped create. Confronted by their faces and their suffering, we are compelled to speak and act on their behalf in defense of their human dignity and basic human rights. Immigrants bring with them cultural richness, a commitment to hard work, a dedication to family values, an inspirational optimism and a desire to fulfill their dreams. They contribute to,America's ability to participate and compete successfully in the global economy. They rebuild decaying communities and give of their skills and talents. The emergence of a multiethnic, multicultural society is 'an opportunity, not a threat. As members of this national community and as policymakers, we must recognize that judicious investment in the education, health, and integration of immigrants is a way to strengthen our country, not weaken it. We do not deny the complexity of immigration policy. Even more, we must not deny the very spirit that has made odr country great. The way we treat the newcomer remains-a critical test of our nation's moral fiber and our nation's faithfulness to its roots. As individuals we must respect each other, take advantage of the opportunity to learn about the world from each other, and recognize that our commitment to building harmony and community is in the best interest of us all. Coalition for Immigrant & Refugee Rights & Services Page 2 COALITION FOR IM UGRAN,T & REFUGEE RIGHTS & SERVICES Myths and Facts: Immigration and the United States Myth 1: `Immigrants are hurting the economy, especially in California. ` FACT: Immigrant workers are essential to the U.S. economy. • Compared to U.S.-born workers of all backgrounds, immigrants have a higher rate of participation in the labor force, tend to save more, apply more effort at work, have a higher propensity to start new businesses and to be self-employed. (Simon, 1989) • During the current and past recessions, the demand for immigrant labor has continued in all but the most depressed sectors of the California economy, indicating that demand for immigrant labor in the state is fairly constant. (Cornelius, 1992) • The relatively lower-cost and available immigrant workforce keeps labor-intensive industries competitive and helps to retain these industries in the U.S. Immigrants made crucial contributions to the economic dynamism of California over the last twenty years, and have saved the furniture, garment, shoe industries in Southern California, and textile industries in Los Angeles, New York and San Francisco. (Cornelius, 1992; Muller, 1993; RAND, 1986; U.S. Department of Labor, 1989) FACT: Immigrants contribute to the U.S. economy through tax payments,job creation, entrepreneurial activity, consumer spending and neighborhood revitalization. • The average immigrant pays $1,300 or more a year in taxes. (Simon, 1989) • Immigrants are more likely to be self-employed and start new businesses. Small businesses, 18% of which are started by immigrants, account for up to 80% of the new jobs available in the U.S. each year. (Federal Reserve Bank, 1991; Bach & Meissner, 1990) • The larger the foreign-born population, the larger the employment gains for natives. Immigrants add twice as many jobs to the country as does the native born population, and contribute to local employment more than non-immigrants. (Urban Institute, 1992) • Immigrant consumer spending represents a major partof the economy in the cities and neighborhoods where they are concentrated. (Cornelius, 1992) • Without immigrants' capital, skills and business acumen, middleclass entrepreneurship so vital to past economic growth and the post-industrial revitalization would not have been possible. Immigrant labor generated greater socioeconomic mobility for white, and to a lesser extent for black, native workers. (Muller, 1993) • By setting'up businesses and buying homes, immigrants generate both taxes and employment opportunities, while encouraging further investment in run-down central city neighborhoods Coalition for Immigrant & Refugee Rights & Services Page 1 and older suburbs.(Cornelius, 1992; BusinessWeek, 1992) • Immigrants are working in both high and low skilled jobs that would otherwise go unfilled, generating additional jobs in management and service sectors from work they do and goods and services they consume. (Muller, 1993; U.S. Department of Labor, 1989) Myth 2: "Immigrants take jobs away from American workers. FACT: Immigrants are job makers, not job takers. i • Immigrants create jobs through the formation of new businesses, spending, and capital investment, and by raising the productivity of U.S..businesses. (Alexis de Toqueville Institution, 1990) • By filling the need for low-skilled labor, immigrants create and sustain U.S industries and increase the demand for skilled jobs typically held by U.S.-born workers. This boosts employment.and income for the population as a whole. (U.S. Council of Economic Advisors, 1990; Reischauer, 1989) • There is no significant relationship between immigration and the unemployment rates in U.S. cities. (Simon, 1993) • Any reductions in wages and loss of jobs are more a consequence of trade deficits and manufacturers moving overseas, rather than immigration. (Borjas, 1991) FACT: Immigration does not,hurt native born U.S. workers. ` • Numerous studies have found little evidence that immigration, including undocumented immigration, reduces the employment or wage rates of U.S.-born low-skilled workers, including blacks and Hispanic Americans. (Altonji&Card., 1987;Reischauer, 1989;Freeman, 1988; Borjas, 1990; U.S. Department of Labor, 1989) • Black unemployment rates are no higher in cities with high immigration, even during serious recessions in the 1970s and 1980s. (Muller and Epenshade, 1985; Reischauer, 1989) • Even the large influx of immigrants into Miami after the 1980 Mariel boat lift (125,000), a seven percentlovemight expansion of the local labor force, "had virtually no effect on the wages or unemployment rates of less-skilled workers," white or black. (Card, 1993) Myth 3: "Immigrants receive a disproportionate amount of welfare and other public assistance. " FACT: Despite high poverty rates, immigrants use less public benefits than average, and are less likely to become dependent on welfare. (Cornelius, 1992; California Research Bureau, 1993; California Senate Office of Research, 1993; U.S. Department of Labor, 1990; Tienda, 1985; U.S. Department of Justice, Immigration and Naturalization Service, 1992) Coalition for Immigrant & Refugee Rights & Services Page 2 • Legal immigrants make up 22% of the population of California, but are only 12% of the population receiving AFDC. Most`are recent refugees from Southeast Asia and the former Soviet Union. (California Department of Finance, 1992) • Only 3.8 percent of California's long-term immigrants received welfare, social security, or other types of assistance, compared with 4.1 percent of native households. (California Senate Office of Research, 1993) • A much higher proportion of immigrants are working age as compared to the native born- population. As a result, more are working and fewer are dependent on social services. For example, of all foreign-born immigrants who entered between 1980-90, only 1.5% receive social security, as compared to approximately 13% of U.S.-born residents of California. (California Research Bureau, 1993) • While undocumented, less than one percent of immigrants legalized under the 1986 amnesty program had received general .assistance, social security, supplemental security income, workers' compensation, or unemployment insurance. Less than one-half of one percent received food stamps or AFDC. (U.S. Department of Justice,Immigration and Naturalization Service, 1992) Myth 4. "Immigrants come here to live off the system. " FACT: Most immigrants come because there are jobs for them in the U.S., and once here, are ineligible for and generally avoid public assistance programs. • There is no evidence that public benefits and services in the U.S. serve as a magnet for immigrants. People immigrate here because they have relatives, because there are jobs, and because there is a tradition of migrating to California. (Cornelius, 1992;U.S. Bureau of Labor Statistics, 1985) • Immigrants do not receive permission to enter the U.S. unless they can demonstrate that they are not likely to need public assistance. Most new immigrants are automatically disqualified from receiving public assistance for three years. • Immigrants legalized under the 1986 amnesty program were disqualified from Aid to Families with Dependent Children (AFDC) or Medi-Cal for five years after obtaining legal permanent residency. (Immigration and Nationality Act Sections 245A(h) and 210(h)) • Undocumented immigrants are ineligible for all public benefits except for emergency medical and perinatal services and K-12 education. (National Immigration Law Center, 1993) • Because immigrants can be denied permanent residence based on their likelihood of becoming a "public charge" (often measured by whether they have received public benefits in the past), immigrants and their families tend to avoid public assistance. (Immigration and Nationality Act Section 212(a)(4); California Senate Office of Research, 1993) Coalition for Immigrant & Refugee Rights & Services Page 3 Myth 5: "Immigrants don't pay their fair share. " FACT: Throughout their lifetimes, immigrants pay considerable taxes, far more than they receive in public benefits and services. • Each year, immigrants pay $90 billion in taxes, and receive only $5 billion in welfare. (BusinessWeek, 1992) • Each immigrant, over his or her lifetime, pays $15,000 to $20,000 more in taxes than he or she receives in government benefits. (Simon, 1989) k.. • Immigrants' contributions to Social Security are vital to the survival of the financially strained Social Security system because they pay into the program during their lifetimes, but do not have a generation of parents collecting benefits. Every 100,000 additional immigrants contribute $2.4 billion in taxes to the Social Security fund. (Simon, 1989; Alexis de Toqueville Institution, 1990) • Although undocumented immigrants are ineligible for almost all public benefits, including unemployment and Social Security,they are required to pay into these programs through taxes and payroll deductions. • For its first several decades, the average immigrant family pays more in taxes than the average native family, despite lower income. During subsequent years, immigrants begin earning more, with earnings typically exceeding those of citizens, resulting in higher tax payments and less use of social services. (Simon, 1989; Chiswick, 1992; U.S. Census) r fl Myth 6: "Our cities and counties are going bankrupt because immigrants don't pay taxes. " L FACT: The federal government collects the vast majority of the tax revenue of all U.S. residents (native and foreign born) even though local governments and states provide most public services. • In L.A. County, immigrants paid at least$4.3 billion in taxes during the 1990-91 fiscal year. But 60% of the tax revenues contributed went to the federal government, while L.A. county got only 3%. (Los Angeles County Internal Services Department, 1992) • Over the past 10 years the federal government has reduced its contribution to refugee assistance in California by 90%, placing enormous burdens on the state and local f governments. • Federal funds authorized by the Immigration Reform and Control Act to pay for health and education of recently legalized immigrants have been deferred for the last three federal F budgets, costing California an estimated $700 million. (California Assembly Office of Research, 1992) Coalition for Immigrant & Refugee Rights & Services Page 4 r FACT: Recent studies purported to prove the high cost of immigrants to local Californiaf economies (Los Angeles and San Diego) were seriously flawed, and their results were misreported. • The Los Angeles County study underestimated the revenues paid by recent immigrants for FICA, unemployment, property and state and local income taxes, overestimated costs by $80 to $140 million; and was misreported as finding that new immigrants pay less in taxes than they receive in benefits. (Urban Institute, 1993) • The San Diego County study was poorly constructed and methodologically weak, with the population estimates and net costs estimates implausably high, particularly for education. (Garcia y Griego & Chavez, 1993; de la Torre; 1993) Myth 7.• "We would save a lot of money if we stopped paying for free education and health care for immigrants. " FACT: Education and emergency health care are essential services that will save money in the long term. • Earnings and work opportunities rise significantly and dependence on public assistance drops dramatically with education. Education is the single most important determinant of need for public assistance among all populations. (California Research Bureau, 1993; California Senate Office of Research, 1993) • Because of fear and misinformation, many immigrants avoid public health services until they are seriously ill, ultimately making treatment more expensive than if proper preventive care was provided. For example, every$1 spend on prenatal care saves $3 in costs for babies born with illnesses. (Los Angeles Times, 1993) • Lack of accessible sources of prevention and treatment for communicable diseases such as tuberculosis in immigrant communities unnecessarily threatens public health. (Los Angeles Times, 1993) • Current federal requirements to provide emergency care to the undocumented allows federal governments to share those costs. Eliminating such federal requirements would only shift 100% of these costs to state and local governments. f Myth 8: "Our borders our out of control; we are being overwhelmed by immigrants. " F. FACT: Immigrants make up a significantly smaller percentage, of the U.S. population than during much of U.S. history. • During the last major influx of immigrants, in the early part of the twentieth century, immigrants comprised nearly fifteen percent of the U.S. population; in 1990 immigrants were f only eight percent of the U.S. population. (U.S. Census) Coalition for Immigrant & Refugee Rights & Services Page 5 r • Eight out of ten immigrants who enter the U.S. each year enter legally. Of these, 75% are admitted to be reunited with close family members and ten percent are refugees. ' k • Of the 17.5 million political refugees recognized by the U.N. worldwide, less than,I% find safe haven in the U.S. each year. (U.S. Committee for Refugees, 1993) F • Immigrants entering the U.S.under family reunification and refugee programs fill the demand for immigrant labor at all levels of the economy as well as immigrants admitted specifically for their skills. (U.S. Department of Labor, 1989; Urban Institute, 1992) f • Less than 1.5% of the U.S. population is undocumented. (U.S. Census) !� I Myth 9. "Today's immigrants don't learn English and don't want to become Americans. " ! i FACT: Immigrants are learning English and becoming a part of American culture at the same rate as past generations of immigrants. • The evidence is that America's most recent immigrants are assimilating as fast as earlier groups. Nineteenth century Americans claimed that the Irish, Italian, German and other immigrants would never become part of mainstream culture. (RAND, 1986) • Children of immigrants continue the American tradition of social mobility through education, and are as likely to attend public schools, as unlikely to be dropouts, and as likely to graduate from high school as children of U.S.-born parents. (Portes, 1993) • Immigrants today learn.-English at the same rate as all other immigrant groups before them. (Portes, 1993) 4 • Most immigrants, and almost all children of immigrants, can speak English after a few years in the U.S.. Approximately two of every three immigrants in California speak English proficiently. The overwhelming majority of immigrants eventually learn English. (California Research Bureau, 1993; RAND, 1986; Portes, 1993) • Reports from throughout the U.S. indicate a tremendous unmet need for English as a Second Language (ESL) classes, with adult newcomers waiting months or even years before getting the opportunity to learn English. (National Immigration Forum, 1993) Coalition for Immigrant & Refugee Rights & Services Page 6 COALITION FOR BZ1IGRANT & REFUGEE RIGHTS & SERVICES Principles for Discussion of U.S. Immigration Policy PAGE RECOGNITION OF "PUSH" AND "PULL"- FACTORS IN MMGRATION 1 1. U.S. immigration policies must be viewed in a global context. 2. The U.S. influences political and economic conditions in many "sending" . countries. 3. There will be a continued reliance on new immigrant labor in the U.S. economy. 4. U.S. trade policies must include consideration of the impact of trade policies on immigration to the U.S. HISTORICAL RACIAL AND NATIONAL ORIGIN DISCR51INATION IN U.S. IlVIlMGRATION LAW AND POLICY HAVE NOT YET BEEN REDRESSED 2 1. The history of racial and national .origin discrimination - in U.S. gration law and policy continues to the present. 2. There is racial and foreign policy bias in U.S. refugee policy. CITIZENSHIP 3 1. The U.S. should continue to grant citizenship by birth and naturalization rather than. defining citizenship by blood relationships. 2. The long backlogs in naturalization must be reduced. 3. Citizenship and English as a Second Language should be promoted in immigrant communities. 4. The residency period to qualify for naturalization should be changed to three years. Coalition for Immigrant & Refugee Rights & Services DYMUGRATION AND FAMILY REUNIFICATION :; :: _ 4 '1. Family reunification must remain the core of our immigration law. 2. The spouses and minor, unmarried children of permanent residents should be allowed to immigrate as immediate relatives rather than waiting two years for family reunification. ; 3. The spouses and minor children of individuals who became permanent residents through the 1986 legalization program should be immediately reunited with their family members. 4. Battered immigrant women should be allowed to apply for permanent residences without reliance on their abusive U.S. citizen or permanent resident husbands. 5. The exclusion of HIV seropositive individuals under the immigration law should be repealed. 6. Waivers of exclusion and deportation for document fraud should be available to individuals with family members in the U.S. 7. Unused immigrant visas from the employment categories should be available in the family reunification categories. ENFORCEMENT OF LABOR LAWS 5 1. Employers who exploit immigrant workers must be vigorously prosecuted for violations of wage and hour, safety and tax laws. 2. All workers, regardless of immigration status, must have the right to organize, strike and be reinstated and the right to be free from retaliation, deportation or interference by the INS in organizing or strike activities. 3. The employer sanctions imposed by the Immigration Reform and Control Act of 1986 (IBCA) must be repealed because they are ineffective in deterring illegal immigration, impose an unreasonable burden on employers and result in employment discrimination against U.S. citizens and other legal residents who look or sound foreign. 4. More resources for the enforcement of the IBCA employment sanctions or state employer sanctions legislation, including asset forfeiture provisions, will only result in increased employment discrimination without affecting illegal immigration. 5. Federal and state laws against employment discrimination must be Coalition for Immigrant & Refugee Rights & Services vigorously enforced. 6. A national identification card is unnecessary, prohibitively expensive and would violate the civil rights of all Americans. 7. All workers must have the right to unemployment insurance benefits, workers' compensation and disability benefits for job-related injuries, and other employee benefits such as pensions. ACCESS TO PUBLIC SERVICES 7 1. All indigent persons residing in the U.S. must have access to emergency and prenatal health care. 2. Any national health care reform plan must guarantee access to health care for all persons.residing in the U.S., including the undocumented. 3. All children residing in the U.S. must have access to public education. 4. Other essential public services should be available to all immigrants. FEDERAL REIMBURSEMENT TO STATE.AND LOCAL GOVERNMENTS 8 1. Federal reimbursement for refugee resettlement costs should be fully funded. 2. The State Legalization Impact Assistance Grants (SLIAG) should be extended and fully funded. 3. Federal tax revenues should be provided to support states and localities most impacted by immigration. ASYLUM POLICIES AND PROCEDURES 8 1. The U.S. is bound by international law to guarantee the right to seek asylum in the U.S. 2. Asylum seekers have a constitutionally protected liberty interest in the right to seek asylum which cannot be deprived without due process of law. 3. Any expedited or summary asylum procedure must contain due process protections, including a "nonfrivolous" screening eligibility standard,judicial review and rational detention.policies. 4. Asylum seekers must not be returned to countries of transit unless they are firmly resettled in such countries. Coalition for Immigrant & Refugee Rights & Services S. Other administrative and legislative alternatives to asylum must also be considered. 6.. The right of asylum seekers to challenge U.S. asylum policies as a class must be preserved. 7. Asylum should be granted to asylum seekers persecuted because of gender or sexual orientation. BORDER ENFORCEMENT 10 1. Existing laws against illegal entry and violations of temporary visas should be enforced. 2. An independent and effective civilian review of the U.S. Border Patrol and the INS must be established. 3. All enforcement activities must meet constitutional requirements of due process. 4. INS detention policies should be humane and equitable. S. Existing laws and penalties against smuggling for profit should be enforced. 6. Any border crossing,,toll must be applied at all borders and at ports of entry to all nonimmigrants and the revenues. allocated among . all the departments of the INS. .K 7. The eligibility date for registry should be advanced to grant legal immigration status to long-time residents of the U.S. DEPORTATION OF CONVICTED CRIMINALS 12 1. Existing statutes provide for the immediate deportation of convicted criminals. 2. Local law enforcement officials should not enforce federal civil immigration laws. 3. Individuals in the U.S. convicted of serious crimes and found deportable should only be deported to their countries of origin to complete their criminal sentences if all appeals in the U.S. are exhausted and there are minimum standards of humane treatment in the country of origin. Coalition for Immigrant & Refugee Rights & Services COALITION-FOR B511GRANT & REFUGEE RIGHTS & SERVICES Principles for Discussion of U.S. Immigration Policy RECOGNITION OF "PUSH" AND "PULL" FACTORS IN EVMGRATION 1. U.S. immigration policies must be viewed in a global context. Immigration is not simply U.S. domestic policy. Immigration to the U.S. must be placed in the context of world migration patterns, a global economy, the internationalization of the U.S. work force, U.S. foreign policy and U.S. domestic demand for immigrant labor. In addition to factors that "push" persons out of their countries, there are "pull" factors that attract persons to the U.S. Many of these "push" and "pull" factors are based on the networks of family and friends already in the U.S. 2. The U.S. influences political and economic conditions in many "sending" countries. The U.S. influences political circumstances that create refugee and migrant flows. Repression and human rights violations are important "push" factors. As demonstrated by the recent multinational military interventions in Kuwait, Somalia and Bosnia, the U.S. has influenced the United Nations to act to prevent further refugee flight. On the other hand, past U.S. actions and foreign policy interests in countries such as Vietnam, Laos, Cambodia, Nicaragua, F1 Salvador, Guatemala, Haiti and Iraq have also contributed to the "push" of.refugees and migrants worldwide. Similarly, the U.S. has powerful influence with Worldwide financial institutions and multinational corporations that influence local economic conditions. The persistent poverty and unequal distribution of wealth in certain-countries will continue to "push" individuals out of their countries in search of better economic conditions and opportunities. Without structural changes in the economies of these countries, these "push" factors will persist. Some governments implicitly support the exportation of part of their labor force, which then sends capital earned abroad to the home countries. Enforcement efforts will always have a limited impact against these powerful "push" factors. 3. There will be a continued reliance on new immigrant labor in the U.S. economy. Economic pressures encourage immigration as a short-term solution to labor needs rather than making investments in long-term education and training of U.S. workers. Certain industries, e.g., agribusinesses, garment manufacturing, food production and hotel and restaurants, will continue to rely on immigrant labor because immigrants have provided low-skilled labor at relatively lower wages. The continued profitability of these industries will continue to be dependent on the availability of immigrant labor. There also is a continued demand for some skilled and other professional immigrant workers such as nurses to fill certain labor shortages. The U.S. economy in general, with Coalition for Immigrant & Refugee Rights & Services Page 1 declining birthrates and a shrinking labor force, also will become increasingly dependent on younger, tax'=paying immigrant workers to support the retirement benefits of.an aging population. These strong economic "pull" factors also must be considered in discussions •., about U.S. immigration policy. 4. U.S. trade policies must include consideration of the impact of trade policies on immigration to the U.S. U.S. trade policies, including the granting of Most Favored Nation Status, the General Agreement on Trade and Tariffs and the North American Free Trade Agreement, must be established in the context of a global economy and global migration. For example, such agreements can provide the context for improving human and civil rights conditions in certain "sending" countries. Other agreements can address the economic conditions that "push" migrants out of their countries. Such agreements should.ensure the free movement of migrants as well as capital. As recent discussions on trade focus on U.S.- Mexico relations, a binational commission should be convened to"examine the interdependence of the U.S. and Mexican economies and the effect of U.S. immigration policies on those economies and make appropriate recommendations for changes in U.S. immigration policies. HISTORICAL RACIAL AND NATIONAL ORIGIN DISCRIlVIINATION IN U.S. MNUGRATION LAW AND POLICY HAVE NOT YET BEEN REDRESSED 1. The history of racial and national origin discrimination in U.S. immigration law and policy continues to the present. One of the first U.S. immigration laws was the Chinese Exclusion Act of 1882, which excluded Chinese immigration solely on the basis of race and national origin. The Quota Laws of 1921 and 1924 were passed to stop the shift in immigration from northern and ` western Europe to eastern and southern Europe.. Racial and national origin based exclusionary laws against Asians and Mexicans persisted until 1943. Restrictions on Asian and Mexican immigration were not lifted until 1965, resulting in the first generation of immigrants from those countries. Despite the increasing number of immigrants from some of these countries, Asian Americans still remain only 3% of the U.S. population while Latinos are only 9%. Immigration from Africa remains at only 1% of the total number of immigrants admitted each year. In 1990, only 8'% of the U.S. population was foreign-born in contrast to 14% in 1910. Today, the national origin quotas still result in longer backlogs for family reunification for individuals from Mexico, the Philippines, China, India and the Dominican Republic. Some of the backlogs are as long as sixteen years for family reunification. Nonetheless, Congress passed the misnamed "diversity" lottery in 1990, allowing 40,000 individuals to immigrate to the U.S. (including at least 16,000 from Ireland) annually without regard to family or needed employment skills in the U.S. Coalition for Immigrant & Refugee Rights & Services Page 2 2. There is racial and foreign policy bias in U.S. refugee policy. The U.S. has admitted thousands of refugees since 1980 but very few refugees from Africa, the continent where the United Nations High Commissioner for Refugees counts the most number of refugees. Cubans interdicted off the Florida coast are welcomed as refugees while Haitians are now summarily returned to Haiti without any inquiry regarding their refugee claims. Poles and other Eastern Europeans were welcomed as refugees in the 1980's while Salvadorans were deported to conditions of persecution. This disparate treatment reflects a deep-rooted bias in favor of persons fleeing Communist regimes. CITIZENSHIP 1. The U.S. should continue to grant citizenship by birth and naturalization rather than defining citizenship by blood relationships. Children with undocumented parents who are born in the U.S. should continue to recognized as U.S. citizens. In countries in which citizenship is determined by blood rather than birth (e.g. Germany and Japan), there is extreme racial divisiveness and a permanent disenfranchised underclass. The Civil War was fought and the 14th Amendment was passed to reject any system based upon a quantification of how much blood ("free" vs. "slave") entitled an individual to U.S. citizenship. 2. The long backlogs in naturalization must be reduced. In Northern California, it currently takes between one and two years after application to become a U.S. citizen. Such delays not only discourage applicants but create longer waits for family reunification, which often results in "illegal" immigration by family members who cannot wait. More resources must be provided to restore credibility and integrity in the citizenship process. 3. Citizenship and English as a Second Language should be promoted in immigrant communities. Many permanent residents have not applied for citizenship because of the delays and lack of community resources to assist them. There have been severe budget cuts and continue to be long waiting lists for enrollment in English as a Second Language classes. Over one and a half million Californians who became permanent residents through the 1986 legalization programs will become eligible for citizenship in the next few years. Public and private efforts to promote citizenship and learning English, including state legislation that would establish citizenship centers (AB 1791), should be encouraged and supported. 4. The residency period to qualify for naturalization should be changed to three years. Under current immigration law, the spouse of a U.S. citizen may apply for naturalization within three years. This residency period of three rather than five years should apply to Coalition for Immigrant & Refugee Rights & Services Page 3 �i all permanent residents seeking naturalization. This change would facilitate family I reunification. PANIIGRATION AND FANULY REUNIFICATION 1. Family reunification must remain the core of our immigration law. Many draw a distinction between "legal" and "illegal" immigration. However, "legal" immigration is illusory for many family members of U.S. permanent residents and U.S. citizens. There is a two and a half year backlog for spouses and minor children of permanent residents to reunite with their families. The wait for the brothers and sisters of U.S. citizens is currently nine and a half years for most, twelve years for Mexicans and sixteen and a half years for Filipinos. Many "illegal" immigrants are residing in the U.S. with family members who are U.S. citizens or permanent residents. If there is to E be genuine immigration reform, these family reunification categories must be preserved Y and the current backlogs must be decreased. 2. The spouses and minor, unmarried children of permanent residents should be allowed to immigrate as immediate relatives rather than waiting two years for family reunification. Although the 1990 Immigration Act provided more immigrant visas for the spouses and minor children of permanent residents, the current backlog remains at two and a half years. That backlog is expected to increase to as much as nine years after October 1994. Spouses and minor, unmarried children should be considered as immediate relatives without any waiting period.to obtain an immigrant visa. 3. The spouses and minor children of individuals who became permanent residents through the 1986 legalization program should be immediatelyreunited with their family members. Only those spouses and minor children who entered the U.S. before the arbitrary cutoff date of May 1988 are eligible for the Family Unity program, which provides them a stay of deportation and a work permit until their two and a half year waiting. period for adjustment to permanent residence is completed. That eligibility date should be changed to include all those spouses and minor children now present in the U.S. 4. Battered immigrant women should be allowed to, apply for permanent residences without reliance on their abusive U.S. citizen or permanent resident husbands. Domestic violence occurs in one-quarter to one-half of all marriages in the U.S., regardless of race, national origin or class. However, under current immigration law, battered immigrant women and children often are trapped in the abusive relationship until the batterer assists them in obtaining legal immigration status. Fear of deportation or losing custody of her children prevents many of these battered immigrant women from calling the police, obtaining a restraining order or going to a shelter. Coalition for Immigrant & Refugee Rights & Services Page 4 Title H, subtitle C of the Violence Against Women Act(H.R. 1133)would allow battered immigrant women and their children to apply for permanent residence without reliance on their abusive citizen or permanent resident husbands. The Violence Against Women Act should be enacted. 5. The exclusion of HIV seropositive individuals under the immigration law should be repealed. Both international and national public health authorities agree that there is no danger to the public health posed by immigrants with HIV. Over 75% of the persons subject to the HIV exclusion are already in the U.S. HIV seropositive individuals who already meet the stringent requirements for permanent residence in the U.S. should be allowed to reunite with their families and loved ones and to remain in the U.S. 6. Waivers of exclusion and deportation for document fraud should be available to individuals with family members in the U.S. In 1990, Congress enacted legislation that can result in the deportation and permanent exclusion from the U.S. of individuals determined to have used false or fraudulent documents for any immigration law-related purpose. A discretionary waiver of such harsh consequences for individuals with family members in the U.S. should be enacted. 7. Unused immigrant visas from the employment categories should be available in the family reunification categories. In 1990, Congress changed the categories and increased the number of employment-based immigrant visas to over 160,000 a year. Since the implementation of those changes, many of those employment-based immigrant visas have been unused. Any unused employment visas in a particular year should be reallocated to the family reunification categories. ENFORCEMENT OF LABOR LAWS 1. Employers who exploit immigrant workers must be vigorously prosecuted for violations of wage and hour, safety and tax laws. Undocumented workers are vulnerable to exploitation by employers who may violate wage and hour, safety and tax laws with impunity knowing that the workers will be reluctant to report such violations. Vigorous enforcement of these federal and state laws without regard to the immigration status of the workers will remove the incentive for employers to exploit immigrant workers. Working conditions will ultimately improve, making such jobs more attractive and viable for native-born workers. Whistle-blowing workers who complain about such labor law violations must be protected from retaliation, including the threat of deportation. 2. All workers, regardless of immigration status, must have the right to organize, Coalition for Immigrant & Refugee Rights & Services Page 5 strike and be reinstated and the right to be free from retaliation, deportation or interference by,the INS in organizing or strike activities. I Without the right to organize, undocumented workers will become an unprotected subclass of workers, vulnerable to exploitation. Employers can use the threat of deportation or actual collaboration of the INS to thwart workers' rights that will adversely affect the working conditions of all U.S. workers. G 3. The employer sanctions imposed by the Immigration Reform and Control Act of 1986 (IBCA) must be repealed because they are ineffective in deterring illegal gration, impose an unreasonable burden on employers and result in . employment discrimination against U.S. citizens and other legal residents who look or sound foreign. The General Accounting Office concluded in 1990 that the federal employer sanctions provisions had resulted in widespread employment discrimination against"U.S. citizens and other legal residents. One out of every five employers was found to engage in employment discrimination as a result of employer sanctions. In 1990, the California Fair Employment and Housing Commission also found widespread employment discrimination in California as a result of the implementation of employer sanctions. 4.: More resources for the enforcement of the IRCA employment sanctions or state employer sanctions legislation, including asset forfeiture provisions, will only result in increased employment discrimination without affecting illegal immigration. U.S. taxpayers already have spent millions of•dollars on training the INS and educating employers about employer sanctions. After seven years, employer sanctions have not had their intended effect on controlling illegal immigration while employment discrimination caused by employer sanctions persists. It is time to end this costly and unnecessary experiment. 5. Federal and state laws against employment discrimination must be vigorously enforced. The federal Equal Employment Opportunity Commission, the Office of Special Counsel for Unfair Immigration-Related Employment Practices and the Califomia,Department of Fair Employment and Housing are understaffed and overwhelmed by their backlogs of cases. Immigrants and refugees, as well as all workers, need speedy and effective remedies against employment discrimination based on race, national origin, ancestry, citizenship and gender. 6. A national identification card is unnecessary, prohibitively expensive and would violate the civil rights of all Americans. Requiring a national identification card for either employment or health care would be extremely costly, would raise serious concerns about maintaining privacy and would Coalition for Immigrant & Refugee Rights & Services Page 6 result in new forms of discrimination against those who look or sound "foreign." The Social Security Administration has repeatedly stated that it cannot guarantee the reliability of using Social Security numbers as a national identifier and that the cost of re-issuing secure cards would be exorbitant. Once a national identification card is established, it can be abused by other government and private agencies to screen out certain individuals from services and benefits. For example, a national health identification card could contain or access confidential information about one's health status. 7. All workers must have the right to unemployment insurance. benefits, workers' compensation and disability benefits for job-related injuries, and, other employee benefits such as pensions. Employee benefits which are funded by employer and worker contributions should be available to all workers regardless of immigration status. ACCESS TO PUBLIC SERVICES 1. All indigent persons residing in the U.S.must have access to emergency and prenatal health care. Sound public health policies are in the interest of all. At a minimum, all persons residing in the U.S. should have access to emergency and prenatal health care. Prenatal health care is the type of essential preventative care that will save money, up to three future dollars saved for every preventative dollar spent. The current federal Medicaid law actually saves state and local governments money by providing federal reimbursement for emergency medical care costs. Without such a federal mandate, these costs would still be incurred but solely by state and.local governments. 2. Any national health care reform plan must guarantee access to health care for all persons residing in the U.S., including the undocumented. National health care reform will only be effective if there is truly universal access to health care, i.e., all residents of the U.S. have access to basic health care. If employers are mandated to provide health care to their employees, that mandate must apply to undocumented workers. Studies of legalized immigrants showed that as many as 45% of undocumented workers have private health insurance. At a minimum, all persons, regardless of immigration status, must have access to emergency, prenatal and immunization services, as currently available under Medicaid. Finally, any health care reform plan must ensure that there is linguistic and cultural access to health care. 3. All children residing in the U.S. must have access to public education. In 1982, the U.S. Supreme Court ruled in Plyer v. Doe that all children, including undocumented children, had a federal constitutional right to a public education. Forcing children out of public schools, which are financially supported by their tax-paying parents and family members, will not affect illegal immigration and will only exacerbate existing Coalition for Immigrant & Refugee Rights & Services Page 7 i f illiteracy and juvenile delinquency rates. t I 4 Other essential public services should be available to all immigrants. k Whether or not they are documented, immigrants are part of their local communities. It is in the interest of the health and safety of a community that all its residents comply with local regulations and participate in their communities. Thus, licenses, permits and other ' f essential government services should be accessible to all residents regardless of immigration status. FEDERAL REEMBURSEMENT TO STATE AND LOCAL GOVERNMENTS ; f 1 Federal-reimbursement for refugee resettlement costs should be fully funded. 3, In ,1980, Congress committed federal reimbursement for refugee resettlement costs for thirty-six months. That federal reimbursement has been reduced to between eight and zero months for various refugee resettlement programs. The level of federal reimbursement should be restored to thirty-six months. Other federal funds targeted for job training for refugees also should be maintained. 2. The State Legalization Impact Assistance Grants (SLIAG) should be extended and fully funded. In the Immigration Control and Reform Act of 1986 (IBCA), Congress authorized up to $4 billion in federal government reimbursements to state and local governments for education; health and welfare costs incurred.by individuals legalized under IRCA but Congress has only appropriated $2.7 billion for-SLIAG. The time period for SLIAG expenses should be extended and all the authorized 'funds fully appropriated. 3'. Federal tax revenues should be provided to support states and localities most impacted by immigration. Most of the taxes paid by immigrants and refugees are federal taxes while most public services used by immigrants and refugees are dependent on state and local revenues. Some of these federal revenues should be made available to those few states and localities most impacted by federal immigration policies to offset their costs of public services. ASYLUM POLICIES AND PROCEDURES 1. The U.S. is bound by international law to guarantee the right to seek asylum in the U.S. In 1968, the U.S. ratified the United Nations Protocol on Refugees and then implemented these international refugee standards by enacting the Refugee Act of 1980. Under the UN Protocol, the United States has assumed an international obligation not to return individuals to a country where their lives or freedom would be threatened on account of Coalition for Immigrant & Refugee Rights & Services Page 8 V • I I race, religion, nationality, membership in a particular social group or political opinion. The UN Protocol also establishes a definition of a refugee based on a well founded fear of persecution on account of one of the protected grounds. Under international law, these asylum decisions are to be made free from foreign policy concerns. The U.S. should not retreat from its already delayed implementation of international refugee law. Proposals requiring asylum seekers immediately to present their claims within arbitrary time limits should be rejected. i 2. Asylum seekers have a constitutionally protected liberty interest in the right to seek asylum which cannot be deprived without due process of law. Asylum seekers have the right to due process, including the right to counsel (at no expense to the government), the right to an interpreter, the right to an impartial and trained adjudicator, the right to a written record of the proceedings for the purpose of appellate review, and the right to at least one level of judicial review by the federal courts. An asylum seeker faces great difficulties in presenting his or her application for asylum. It is critical that asylum seekers have statutory procedural guarantees to a fair adjudication of their asylum applications. Due process also requires at least one level of independent and impartial review before the asylum seeker is involuntarily deported to the country where the alleged persecution took place. Under our current judicial system, such a review can only be guaranteed by the federal courts. While critical to due process, such judicial review is rare under the current asylum procedure and not subject to abuse. 3. Any expedited or summary asylum procedure must contain due process protections, including a "nonfrivolous"screening eligibility standard,judicial review and rational detention policies. Expedited/summary asylum processing is being proposed for asylum seekers who present fraudulent or no documents when they arrive at airports and other ports of entry. However, such procedures are unlikely to deter an abusive or fraudulent applicant while erroneously screening out genuine refugees. The use of fraudulent documents may be the only way some asylum seekers can safely leave their countries. Often, their persecutors aregovernment officials from whom they cannot secure passports and visas. The screening standard for any proposed expedited/summary asylum procedures should use a "frivolous" or "manifestly unfounded or abusive" standard of proof. A proposed "credible fear of persecution" screening standard is too burdensome and legally confusing. It would require a refugee, still traumatized by the persecution suffered, to demonstrate a "substantial likelihood" of eligibility for refugee status upon arrival. The "frivolous" screening standard has been used effectively by the INS for screening asylum seekers for employment authorization purposes. According to INS statistics, approximately 17% of asylum cases were determined by the INS to be "frivolous." In addition, several INS memos and court decisions have defined the "frivolous" standard Coalition for Immigrant & Refugee Rights & Services Page 9 while any new standard would inevitably be subject to costly and time-consuming legal challenges. At a minimum, due process requires access to counsel, an interpreter, a written record of the proceedings, trained and impartial adjudicators and judicial review. Given the literal life and death consequences of asylum adjudications, these procedural rights must be statutory protected. Current INS policies already provide for the indefinite detention and expedited adjudication of asylum applications from asylum seekers who are stopped at the border or port of entry. However, some have called for the automatic detention of all such asylum seekers under an expedited/summary procedure. Such proposals are costly, punitive and unnecessary. Rather than detaining asylum seekers indiscriminately, the INS only should detain those individuals who pose a serious risk of flight and a danger to the community. The INS has recently established an asylum pre-screening program that provides for the release from detention of those asylum seekers with-credible claims who are unlikely to abscond and do not pose a threat to the community. Similar detention screening guidelines should be preserved. 4. Asylum seekers must not be returned to countries of transit unless they are firmly resettled in such countries. Both international law and U.S. court decisions recognize that asylum seekers often travel through several countries before seeking safe haven. Unless an asylum seeker is "firmly resettled" in a third country, the U.S. should adjudicate his or her asylum application. The U.S. should not shift'its responsibility for providing asylum to other countries. 5. Other administrative and legislative alternatives to asylum must also be considered. Any asylum "reform" will be thwarted by the current backlog of asylum cases resulting from past INS policies. There are administrative and legislative alternatives that could reduce that backlog, e.g., adjustment of status for the American Baptist Churches cases, the Salvadoran Deferred Enforced Departure (DED) cases or post-September 1991 Haitian cases, or granting Temporary Protected Status (TPS) to Guatemalans. 6. The right of asylum seekers to challenge U.S. asylum policies as a class must be preserved. As a result of unlawful actions by the INS, there have been numerous successful challenges to specific INS policies and practices regarding asylum seekers. Asylum seekers should not be denied access to the courts to challenge classwide policies and practices by the INS that violate their statutory and constitutional rights. Coalition for Immigrant & Refugee Rights & Services Page to 7. Asylum should be granted to asylum seekers persecuted because of gender or sexual orientation. Women, gays and lesbians have raised asylum claims based on gender and sexual orientation. The INS and the immigration courts should recognize these claims based on social group and political opinion grounds. BORDER ENFORCE 1. Existing laws 'against illegal entry and violations of temporary visas should be enforced. The U.S. has the right to preserve the integrity of its territorial boundaries. However, there should be fair and equitable procedures for those seeking admission for political, economic or family unification reasons. Enforcement resources should target visa abuse by those temporarily in-the U.S. as well as efforts at the border preventing individuals from entering the U.S. 2. An independent and effective civilian review of the U.S. Border Patrol and the INS must be established. In 1990, Congress expanded the authority of the Border Patrol and other INS officials to carry firearms and use deadly force, without any oversight. The American Friends Service Committee has documented hundreds of cases of abuse of authority by the Border Patrol. For example, in 1992, Border Patrol Agent Michael Elmer fatally shot an immigrant in the back and then tried to hide the body. Elmer was acquitted of criminal murder charges and never disciplined. Without civilian review, increasing the number of Border Patrol agents or using the National Guard or U.S. military to patrol the border 'will only result in further abuses because of lack of training, supervision and effective review of abuses. Legislation (H.R. 2119) that would establish such civilian review of the Border Patrol must be enacted before there are any additional increases in enforcement resources for the INS. 3. All enforcement activities must meet constitutional requirements of due process. The INS must be bound by constitutional standards for its arrests and other enforcement activities. The INS should not detain or arrest individuals solely on the basis of national origin or appearance. For example, the INS should not engage in general street sweeps in immigrant communities or raid private homes withoutvalid arrest warrants. Similarly, the INS should only make arrests at places of employment with valid arrest warrants naming the specific individuals to be arrested. Coalition for Immigrant & Refugee Rights & Services Page ll 4. INS detention policies should be humane and equitable. Only individuals who pose a risk of flight and a danger to the community should be detained by the INS. In addition, the INS should release minors to the custody of adult relatives and others such as church-sponsored agencies. 5. Existing laws and penalties against smuggling for profit should be enforced. There already are harsh penalties for smuggling: up to five years imprisonment for each person smuggled. In addition, existing statutes provide for the seizure and forfeiture of vessels, vehicles and aircraft used in smuggling. These existing laws are currently effective: for example, every crew member of the boats carrying Chinese nationals was fi arrested and remains in federal prison today. There is no evidence that increased penalties would have any additional,deterrent effect on professional smuggling. If there are increased penalties for smuggling, they must be limited to smuggling for profit or financial gain rather than applied to those seeking to reunite with their families or escape persecution. In addition, there has been no evidence demonstrating the necessity of providing the INS with wiretap and other covert surveillance authority. Finally, asset forfeiture provisions must be implemented with due process. 6. Any border crossing toll must be applied at all borders and at ports of entry to all nonimmigrants and the revenues allocated among all the departments of the INS. Border tolls will neither deter illegal immigration nor raise sufficient revenue for enforcement. However, if adopted, a $1 border crossing toll must be applied at both the Mexico-U.S. and the Canada-U.S. border as well as all airports and international ports. In 1992, the INS reported that 330 million foreign travelers, including 56 million airline ` passengers, entered the U.S. Other divisions of the INS, especially the "service" divisions, have been traditionally underfunded. While the INS recently has raised application fees to increase revenue for these divisions, the money is inevitably diverted to enforcement, leaving applicants with higher fees and even less "service." In addition, many INS border enforcement resources are:diverted to other functions such as drug interdiction. The revenue raised by any border toll should be allocated equitably to all divisions of the INS rather than only to enforcement. 7. The eligibility date for registry should be advanced to grant legal immigration status to long-time residents of the U.S. Under the 1986 Immigration Reform and Control Act (IRCA), Congress recognized the need to balance additional enforcement provisions (employer sanctions) with some provision for the legalization of those long-term residents already in the U.S. Thus, IBCA established a legalization program for individuals in the U.S. before January 1982 Coalition for Immigrant & Refugee Rights & Services Page 12 (a date nearly five years before IRCA's enactment) and advanced the eligibility date for registry to January 1972 (a date nearly fifteen years before IRCA's date of enactment). Today, in 1993, registry is now limited to those residing in the U.S. for nearly twenty- two years. If there are to be additional border enforcement measures and an increase in enforcement resources, the registry eligibility date should be advanced to grant legal immigration status to long-term residents already in the U.S. to avoid the creation of a permanent underclass of long-time U.S. residents. DEPORTATION OF CONVICTED CRBI]NALS 1. Existing statutes provide for the immediate deportation of convicted criminals. Under the immigration law, an individual convicted of a serious or "aggravated felony" is subject to deportation hearings while still in state custody and if found deportable, may be deported immediately upon completion of the criminal sentence. Local law enforcement officials are required to report these convictions to the INS to facilitate the deportation process. These existing provisions should be enforced consistent with due process protections. 2. Local law enforcement officials should not enforce federal civil immigration laws. Most violations of immigration law are civil violations. Most of the criminal provisions of the immigration law are limited to smuggling, transporting and harboring undocumented individuals. The determination of whether an individual is deportable is a complex one that can only be made by an Immigration Judge after a deportation hearing. Local law enforcement officials do' nqt:have the training, knowledge or resources to make decisions based on perceived immigration status._ Such local officials should not inquire about or report an individual's immigration status unless specifically required by a federal or state law. 3. Individuals in.the U.S. convicted of serious crimes and found deportable should only be deported to their countries of origin to complete their criminal sentences if all appeals in the U.S. are exhausted and there are minimum standards of humane treatment in the country of origin. U.S. treaties could allow for the reciprocal exchange of U.S. citizens convicted of crimes abroad and noncitizens in the U.S. convicted of serious crimes and found deportable. However, such arrangements should only be implemented after the individual has completed or exhausted all appeals of both the criminal conviction and the deportation order and there are guarantees of minimum standards of humane treatment of prisoners in the country of origin. Coalition for Immigrant & Refugee Rights & Services Page 13 ATTAMMENT #6 N(lift NATIONAL COUNQL OF 1A RAYA ADVOCATE'S "QUICK REFERENCE" GUIDE TO ( IABUG-RATION RESEARCH Prepared by: Claudia Jasixk Immigration Policy Research Associate i r � I Policy Analysis Center Office of Research, Advocacy, and Legislation ! National Council of La Raza Raul Yzaguirre i I President i j i 810 First Street, N.E. Suite 300 Washington, D.C. 20002 Telephone: (202) 289-1380 Fax: (202) 289-8173 'E; I i m Copyright, August 1993, NCLR wl;rr. 0 ��' ACKNOWLEDGMENTS The author wishes to thank National Council of La Raza (NCLR) Senior Immigration Policy Analyst Cecilia Munoz for her advice and support. Administrative Assistant Marcus Johnson assisted greatly with the formatting of this guide. The author also wishes to thank Demetrios Papademetriou, Senior Associate at the Carnegie Endowment for International Peace, for his insightful comments, and substantive review of this guide. Finally, the author thanks Frank Sharry, Executive Director of the National Immigration Forum, for his guidance and help. This guide was made possible by funding from the MacArthur Foundation and the Rockefeller.Foundation, who provide support to NCLR's Policy Analysis Center. The views and opinions expressed are those of the author and NCLR, and not necessarily those of the report's funders. i TABLE OF CONTENTS Page Acknowledgments i How to Use This Guide 2 Costs and Benefits Associated with Immigrants 3 Health Care and Immigrants 5 Use of Public Services by Immigrants 6 Undocumented Immigrants 8 Economic Impact of Immigrants 10 Effects of Immigrants on Other Workers 11 Impact of Immigration on U.S. Labor Market 12 Effects of Immigrants on Wages 13 Impact of Immigrants on Employment Opportunities and Unemployment Rate 14 Effects of Immigration on Earnings 15 Labor Force Expansion 16 Job Creation 16 Competition and Revitalization of Industries 17 Education and Skill Levels of Immigrants 18 Immigrant and Native Labor Forces 19 Integration into Society 20 Bibliography 22 ii HOW TO USE THIS GUIDE Immigration has become the subject of a major policy discussion, with participants ranging from newspaper and television reporters, to academics, to policy makers with varying levels of expertise. Notable in the current debate is a profound lack of accurate information on this complex issue. The same polls which indicate that most respondents think the U.S. should accept fewer immigrants also show that these same respondents have little direct experience with immigrants, and are overwhelmingly misinformed about who most immigrants are. The National Council of La Raza (NCLR) has prepared the Advocate's "Quick Reference* Guide to Immigration Research as a tool for advocates in the immigration`debate to use in their daily efforts to dispel the many myths about immigrants and present reliable information about the various effects of immigration. The Guide is not a comprehensive compilation of all the research done on immigration. Rather, it is a survey of the most credible studies conducted over the past ten years on the issues which figure most . prominently in the current debate. In addition, only the most relevant and applicable conclusions have been pulled out of each study. The Guide is divided into several sections covering three general areas: costs and benefits associated with immigrants, economic impact of immigrants, and social integration of newcomers. Several sources are used in each section, and complete references can be found in the bibliography. NCLR hopes that the attached information is useful in;bringing accurate information to the table in the interest of a rational, constructive debate on immigration policy. 2 COSTS AND BENEFITS ASSOCIATED WITH EMIIGRANTS Assessing the costs and benefits associated with immigration is perhaps the most complex area of the immigration policy debate and the subject of a broad range of academic research. The spectrum of conclusions ranges from studies which suggest that immigrants cost billions of dollars more than they contribute, to those which argue the exact opposite. The most credible research, however, falls somewhere between these extremes. . In general, analyses of cost and benefit data compare use of public benefits with tax revenues associated with immigration and conclude that most of the revenues go to the federal government, while costs are borne primarily by states and localities with large immigrant populations. (See sections.on use of public services andthe economic impact of immigrants for additional data on costs and benefits of immigration.) Julian Simon Michael Mandel and Christopher How Do Immigrants Affect Us Economically?, Farrell, "The Immigrants," Business 1985 Week, July 13, 1992 Undocumented immigrants pay five to ten times Immigrants collectively earn $240 billion a more in taxes than the costs of services they use. year, pay$90 billion a year in taxes, and receive $5 billion in welfare. Two-thirds of the taxes paid by immigrants goes to the The Economic Consequences of Immigration, federal government in the form of social 1989 security and income taxes (1986 RAND/1984 Weintraub and Cardenas). Immigrants contribute on average $1,300 or more per year to the public coffers. This is a result of the fact that a large proportion of immigrants are in prime labor force ages and that a small proportion of immigrants are older Kevin McCarthy and R. Burciaga than 65. Valdez, Current and Future Effects of Mexican Immigration in California, May In a 1990 American Immigration'Institute Survey 1986 of economists (ex-Presidents of the American Economic Association and then-members of the In California, taxes paid by immigrants are Council of Economic Advisors), four out of five greater than the costs of public services said that immigrants had a favorable impact on used by them, excluding education. economic growth. None said that immigrants had an adverse impact on economic growth. George Borjas, Friends or Strangers, 1990 z Although in 1979 total welfare payments to immigrant households were slightly higher than welfare payments to native households, this Sidney Weintraub, "Illegal Immigrants difference is due to immigrants' different in Texas: Impact on Social Services and residential locations and relatively unfavorable Related Considerations," International socioeconomic characteristics. (Note: Bodas Migration Review, Vol. 18, No. 3, 1984 does not define what he means by "different residential locations." We assume that he means In Texas, taxes paid by the undocumented ''immigrants are disproportionately concentrated were greater than the costs to the state of in California which has more generous welfare providing public services (education, policies than other states.) health, corrections, and welfare)`: Estimated cost: $97 million(high)-.$50 million(low). Estimated revenue: $277 million(high)-$171 million(low). U.S. Bureau of Labor Statistics, 1985 Immigrants come here to work, not to go on welfare, and use substantially less services than people born in the U.S. Thomas Muller and Thomas Espenshade, The Fourth Wave, 1985 In California, all natives and immigrants fall into the same pattern: they often pay less in taxes than the cost of services used. This is in great part a result of the progressive ingome tax. That is, those with lower incomes pay less in taxes and tend to use more services. Mexican immigrant households receive less than average amounts of public welfare from the state than the typical household in Los Angeles ($251 versus $575). Excluding education, immigrant households received less in social services than did native households in Los Angeles: $1,077 versus $1,459. (Social services include public welfare;health care and hospitals; highways; legislative,judicial; and executive functions; state prisons; state consumer services; debt services, and assistance to businesses). * This study was conducted in the midst of an economic boom in California. While the data clearly demonstrate that immigrates contributed more than they took in benefits during this period, it is possible that die levels of costs and benefits associated with immigrants vary according to the economic climate. 4 HEALTH CARE AND BIMIGR ANTS = The national debate on health care reform has stimulated a discussion on the use of publicly-funded health care services by immigrants. The following reports specify exactly which categories of immigrants are eligible for medical services funded by Medicaid, and describe specific use of these services by newly-legalized immigrants during the last year that they were in the United States without legal immigration status. Consistent with the data on the use of other public benefits by immigrants, studies on immigrants and health care show that, even immigrants who are eligible for federally-funded services use them much less than the general population. For example, despite the fact that undocumented are eligible for emergency care services funded through Medicaid, in the year before their application for legalization, only 21% of the legalized alien population's health care was paid for by Medicare/Medicaid and 4% of their health care was paid through free care. In addition, 47% of the legalized alien population's stays were totally or partially paid.for by private insurance and 45% by self or family.. In addition, because health care and prescription medications are less expensive in Mexico, there is substantial evidence showing that, contray to the conventional wisdom, immigrants and U.S. citizens living in border communities cross into Mexico to seek affordable health care. Families USA Foundation, Going to U.S. Department of Justice, Immigration and Mexico:Priced Out of American Health Naturalization Service, Report on the Legalized Care, November 1992 Alien Population, 1992 This survey of 242 Mexican doctors and In the 12 months before their application were 300 persons in communities on the U.S. submitted for legalization,25% of the legalized side of the border found the following: alien population's health care cost was paid for by the government(21% by Medicare/Medicaid ! The physicians and individuals surveyed and 4% through free care by the hospital). This said that it is common for Americans from is significantly less than the 53% of all hospital communities surveyed to go to Mexico for care in the U.S. in 1986 which was government health care. funded. • 99% of the Mexican physicians surveyed have treated U.S. patients; 90% of those who went to Mexico were either U.S. citizens or permanent residents. National Immigration Law Center, Guide to Alien Eligibility for Federal Programs, 1992 • The main reason people go to Mexico for health care is cost. Physicians' fees Legal permanent residents, refugees, asylees, and brand name prescription drugs are persons permanently residing in the U.S. under substantially cheaper in Mexico than in the color of law, and amnesty applicants 65 and U.S. Physicians' fees in the U.S. are two over, disabled, or under 18 are the only persons and a half times as expensive as in Mexico who are eligible for services funded by and brand name prescription drugs in the Medicaid. Other amnesty applicants and family U.S. are three times as expensive as in unity applicants are not eligible for Medicaid Mexico. until 5 years after the date of application. Finally, persons with temporary protected status • Half of the people who said they went or undocumented status are eligible only for to Mexico were insured. Of these, about emergency medical services funded by 42% had insurance through their employer. Medicaid. They went to Mexico to save on costs for uncovered services or for services which require deductible or copayments. 5 USE. OF PUBLIC SERVICES BY IMMIGRANTS The government provides cash benefits as a temporary safety net for people who otherwise make contributions to society. Though there is a great deal of discussion concerning the costs associated with providing public benefits to immigrants, their actual use of public services is lower than the native population and is consistent with the general purpose of such programs. This is explained at least in part by the fact that legal immigrants must prove, to the satisfaction of the U.S. government, that they are "not likely to become a public charge" before they are granted an immigrant visa. Undocumented immigrants are unlikely to approach government authorities for services for fear of being discovered. The one group of newcomers who receive cash assistance from the federal government is refugees, who are resettled from abroad. The government provides this assistance temporarily in order to provide a means for refugees to become economically self-sufficient. George Borjas, Friends or Strangers, 1990 Because welfare payments (Aid to Families with Dependent Children, old-age 'Michael Mandel and Christopher Farrell, assistance, general assistance, and "The Immigrants," Business Week, July 13, supplemental security income) to a family 1992 are relatively inexpensive and because .immigrants are a small fraction of the U.S. In 1980, 8.8% of immigrant households received population,new immigrants are unlikely to welfare as compared to 7.9% of native-born have a major impact on welfare households. expenditures. In Los Angeles County, 16% of people on Aid to Families with Dependent Children (AFDC) are immigrants, while immigrants make up 30% of the county's population. Greenwood, et al., U.S. Department of Labor, Bureau of International Affairs, The Labor Market Consequences of U.S. Immigration: A Survey, August 1990 California State Department of Finance, 1991- 92 All else being equal, immigrant families are less dependent on welfare and receive Immigrants make up 22% of California's lower levels of welfare payments than population, but are only 12% of AFDC natives families. recipients. Welfare payments to immigrant male- headed households were the same as those to native male-headed households. For immigrant female-headed households, transfer payments were 8% less than those to native female-headed households. Marta Tienda and Leif Jensen, Immigration Chris Hogeland and Karen Rosen, Dreams and Public Assistance Participation:Dispelling Lost, Dreams Found Undocumented the Myth of Dependency, June 1985 Women in the Land of Opportunity (A Survey Research Project of Chinese, Filipina Immigrants are less likely than natives to and Latina Undocumented Women), 1991 become dependent on welfare. Recent immigrants do not use welfare at a higher rate In San Francisco, 23% of undocumented than.,immigrants who have already been in the Latina women surveyed had U.S. children U.S, for some time (except for refugees who eligible for AFDC, and only 5% accessed receive cash assistance from the federal these benefits. Fear of being reported to the government when they are resettled from INS was the reason 64% of the women abroad). surveyed did not seek any social services, and 29% of the women surveyed never looked for Francine Blau found in 1984 that immigrant any services. families are less dependent on welfare income than native families with similar socioeconomic characteristics. Family income of immigrants is less than native Tom Coifman and Helena Sundman, family income by $1,700 to$3;800, except for "Refugee Agencies Dodge Funding Crisis," Black and spouse-absent White families. One Chicago Reporter, April 1993 would expect significantly higher participation by immigrants in public assistance programs than Because public services are aimed at helping natives; however, participation in public refugees become self-sufficient, the service assistance programs by immigrant families does agencies who resettle refugees saved nearly not exceed their native counterparts' $2 on welfare payments to refugees for every participation rate by more than 5%. $1 spent on job placement. 7 UNDOCUMENTED BlMIGRANTS According to estimates by the U.S. Bureau of the Census, the undocumented population in the United States consists of about 4 - 5 million persons, and grows at a rate of 200,000 to 250,000 per year. Because this is a population which lives "underground," most studies on undocumented immigrants are either inferential or speculative. The following data are unique in that they are the result of surveys of immigrants who legalized during the "amnesty" program of 1987-88. These surveys provide information about the behavior of these immigrants in the last year before they gained legal status, contributing valuable insights into the lives of undocumented immigrants. U.S. Department of Justice, Immigration and Naturalization Service, Report on the Legalized Alien Population, 1992 At the time of application, the legalized alien population had used less taxpayer-and employer-supported social services than the general U.S. population. Less than 1% of the legalized alien population had received general assistance, social security, supplemental security income, workers compensation, and unemployment insurance payments. The study found little illicit use of benefits by the legalized alien population—less than 0.5% had obtained food stamps and AFDC without an eligible family member. The legalized alien population unemployment rate was 3.5% (men, 2.2% and women, 5.9%)versus 5.5% for general population(men 5.5% and women 5.6 Of the legalized alien population, 83% had participated in the labor force versus 77% of the general population. For ages 18-64, 94% of the legalized alien population had participated in labor force versus 88% of the general population. Legalized alien population males had worked on average two hours per week more than males in the general population. Legalized alien population women had worked five hours more per week than females in the general population. Of the legalized alien population, 13% had worked more than 40 hours a week. Of this group, 52% of the males.and 74% of the females said they had not been-,,paid overtime. Sidney Weintraub, "Illegal Immigrants in Texas: Impact on Social Services and Related Considerations," International Migration Review, Vol. 18, No. 3, 1984 Use of AFDC, utilities payment assistance, rent payment assistance, unemployment insurance, workers compensation, and senior citizens services by undocumented immigrants was 5% or less. Use of food stamps; Women, Infants and Children (WIC) benefits; and counseling services was between. 129 and 17%. Comprehensive Adult Student Assessment System for the California Health and Welfare Agency, A Survey of the Newly Legalized in California, 1989 % Surveyed Who Said Pre-1982 SAW They Never Used: (General Legalization) (Special Agricultural Workers Legalization) Food Stamps 90.5% 94.0% Aid to Families with 95.6% 98.8% Dependent Children(AFDC) Supplemental Security Income/ 98.1% 99.6% State Supplemental Payments (SSI/SSP) General Assistance(GA) 95.7% 99.1% Women, Infants and 77.3% 98.3% Children(WIC) Social Security (SS) Benefits 97.5% 99.5% Unemployment Insurance 85.1% 88.6% Workers Compensation 93.3% 94.4% No more than 4.5% of pre-1982 and 1% of SAW reported that they or their family members had received AFDC, GA, SS benefits, or SSI/SSP. National Immigration Law Center, Guide to Alien Eligibility for Federal Programs, 1992 Undocumented immigrants are eligible only for the following programs: emergency medical services, WIC, school lunch and breakfast, Headstart, federal housing, and social services block grant. ECONOMIC IMPACT OF D MIGRANT& The following eleven sections reflect a broad consensus that immigration to the United States has profound economic benefits, without substantial negative effects on native workers. Though "conventional wisdom" contends that when they join the labor force, immigrants must take jobs away from Americans, the economic evidence clearly indicates that immigrants stimulate local economies and have the net effect of creating jobs. f� Kevin McCarthy and R Burciaga Valdez, Current and Future Effects of Papademetriou, et al.,U:S. Department of Mexican Immigration in California,May Labor, Bureau of International Labor 1986 Affairs, The Effects of Immigration on the U.S. Economy and Labor Market, May 1989 "There is little question that when all factors are considered, Mexican The overall economic contributions of immigrants are a definite plus to the local immigrants exceed their economic liabilities. economy [in Southern California].' The benefits of immigration are lower product prices and higher returns to capital. Also, the Tests suggest that consumer prices Council of Economic Advisors stated that "the decreased for labor intensive goods and net effect of the increase in the labor supply due services and profits increased as a result of to immigration is to increase the aggregate low-wage immigrant labor. income of native-born population." Immigrants: a) increase aggregate demand by encouraging investment; b) keep some U.S. industries competitive by increasing returns to U.S. Census Bureau capital; c) increase aggregate employment through higher rates of self-employment; and d) Between 1982 and 1987, Hispanic increase wages and mobility opportunities for businesses grew 81 , and Asian-American many groups of U.S. workers. businesses grew 8950. [Note:_Most Hispanics and Asians are not immigrants, Immigration is a "flow of productive resources" though immigrants do have a higher which links domestic and international markets propensity to start new businesses than the (1986, President's Council of Economic native population.] Advisors). In 1987, California's Vietnamese- Americans operated 11,855 firms and produced $665 million in revenue. 10 EFFECT OF E"AlIGRANTS ON 'OTHER WORKERS George Borjas, Friends or Strangers, 1990 Thomas Muller and Thomas Espenshade, The "Recent econometric evidence is that no Fourth Wave, 1985 study finds any evidence to support the claim[that] blacks are the one group There appears to be no relationship between the whose economic progress is most likely to size of the Hispanic population and Black be hampered by the entry of immigrants unemployment. Blacks generally, and especially into the U.S." (author's emphasis) Black teenagers, do not seem to have been harmed by immigration between 1970 and 1982. There was rising unemployment in the U.S. and Southern California at this time. However, the smallest increases in unemployment were for the Papademetriou, et al.,U.S. Department Black workforce; thus, this wave of immigration of Labor, Bureau of International Labor did not affect them. Affairs, The Effects of Immigration on the U.S. Economy and Labor Market, May 1989 At the local level, in cities with many Kevin McCarthy and R. Burciaga Valdez, immigrants, U.S. natives have not Current and Future Effects.of Mexican experienced widespread displacement. Immigration in California, May 1986 The aggregate effects of Mexican immigration - produced no displacement of native workers. 11 IMPACT OF IlVIMIGRATION ON U.S. LABOR MARKET Richard Freeman, editor, Immigration, Trade, and the Labor Market, 1988 As a broad generalization, the U.S, labor market adjusted well to immigrant flows, absorbing immigrants into the local area work forces with little redistributive losses to natives workers. Immigrants produce offsetting effects on the demand for labor by increasing the demand through the purchase of goods. ------------- Papademetriou, et al.,U.S. Department of Labor, Bureau of International Labor Affairs, The Effects of Immigration on the U.S. Economy and Labor Market, May 1989 Regional studies do not support claims of disproportionate effects of immigration on any particular regional labor market. Research has been unable to establish a causal relationship between immigration and out-migration or job displacement of native born. At the aggregate level, the literature concludes that immigrants are successfully absorbed into the U.S. Iabor market. The data in this report suggests that immigration has played a significant role in the growth of the labor force since 1970. Immigrants have an important function in this country's economic restructuring in the face of changing conditions of domestic and international competition. 12 EFFECT OF EMUGRANTS ON WAGES Thomas Muller and Thomas Espenshade, The Fourth Wave, 1985 Maria Enchautegui, Immigration and Although wages fell in California during the County Employment Growth, August recent wave of immigration,immigrants 1992 absorbed most of the adverse impact. Immigrants posed only negligible effects on wages for native workers. Richard Freeman, editor, Immigration, Trade, and the Labor Market, 1988 Papademetriou, et al., U.S. Department The increase in immigrants had a modest of Labor, Bureau of International Labor adverse impact on the wages of the immigrants Affairs, The Effects of Immigration on themselves and the wages of earlier immigrants, the U.S. Economy and Labor Market, but had little,if any, impact on the wages of May 1989 young Black and Hispanic Americans. Many studies show that an increase in Robert Topel found that the wages and immigration has little adverse impact on employment of natives were not sensitive to the wages of native U.S. workers. Small immigration, and new immigrants were easily negative impacts occur on earlier groups of absorbed. immigrants and cohorts of new arrivals. Kevin McCarthy and R. Burciaga Valdez, Current and Future Effects of Mexican Immigration in California, May 1986 The major negative effect of immigration on wages was lower wage increases for native-born workers, but this was mainly concentrated among native-born Latinos. 13 IMPACT OF IMMIGRANTS ON EMPLOYMENT OPPORTUNITIES AND UNEMPLOYMENT RATE Richard Freeman, editor, Immigration, Trade, Papademetriou, et al.,U.S. Department and the Labor Market, 1988 . of Labor, Bureau of International Labor - Affairs, The Effects of Immigration on Based on a study of 120 cities, in cities with the the U.S. Economy and Labor Market, larger immigrant populations,employment grew May 1989 more rapidly or decreased more slowly in low- wage industries. Immigrants may contribute to employment growth by bringing assets and income, causing an increase in demand for infrastructural development, and',' influencing prices and profitability for Elaine Sorensen, Frank Bean, Leighton Ku, services and capital goods. and Wendy Zimmerman, Immigrant Categories and the U.S. Job Market. Do They Make a Difference?, 1992 Despite the perception that immigrants have a Kevin McCarthy and R. Burciaga negative impact on the labor market Valdez, Current and Future Effects of opportunities for natives, empirical research has Mexican Immigration in California,May not consistently supported this position. 1986 Total employment in Southern California tvas stimulated by low-wage immigrant labor. Gregory Defreitas, "Hispanic Immigration and Labor Market Segmentation," Industrial Relations, Vol. 27, No. 2, Spring 1988 Hispanic immigrants who entered the U.S. Julian Simon, How Do Immigrants Affect between 1975 and 1980 had no ill effect on Us Economically?, 1985 employment opportunities for all native, low- income males. There was no discernable There is no observable negative effect on negative effect on the U.S. labor market as a unemployment by immigrants. They whole, and, more generally, there were positive create jobs through spent earnings and new effects. businesses opened. 14 EFFECT OF EMA11GR.A.TION ON EARNINGS George Borjas, Friends or Strangers, 1990 Elaine Sorensen, Frank Bean, Leighton Immigrants have a small impact on earnings and Ku, and Wendy Zimmerman, Immigrant employment opportunities of natives workers. A Categories and the U.S. Job Market. Do 10% increase in the number of immigrants They Make a Difference?, 1992 decreases the average wage of natives at most by 0.2%, and has little effect on the labor force The overall effects of immigrants on native participation rates of and employment earning and employment are very small. opportunities for all native groups. (However, naturalized and employment- preference immigrants do have a negative Research has been unable to establish a single effect on earnings and employment of instance where an increase in immigrants has natives, and reduce the opportunities of had an adverse impact on the earning of natives. native males.) The same applies to undocumented immigrants. Papademetriou, et al., U.S. Department of Labor, Bureau of International Labor Affairs, The Effects of Immigration on the U.S. Economy and Labor Market, May 1989 At the aggregate level, economic findings suggest that immigrants have small effects on the earnings of other workers (positive or negative). There are positive effects on employment and wages of women, and small negative effects on White men. Immigrant earnings increase in step with U.S. labor force earnings. English-language ability and skills training are more important in the increase in earnings,than immigration status. "It can be concluded that immigrants do not have a pronounced effect on the earnings and employment of the native born." 15 LABOR FORCE EXPANSION Thomas Muller and Thomas Maria Enchautegui, Immigration and County Espenshade, 73ie Fourth Wave, 1985 Employment Growth, August 1992 The most significant economic effect of Between 1970 and 1980, immigrants increased immigration in the 1970s and early 1980s the labor force in Los Angeles by 67%, in was the expansion of the labor force. Miami by 38%, and in Chicago by 27%. JOB CREATION Maria Enchautegui, Immigration and County Papademetriou, et al., U.S. Department Employment Growth, August 1992 of Labor, Bureau of International Labor Affairs, The Effects of Immigration on The larger the foreign-born population, the the U.S. Economy and Labor Market, larger the employment gains for natives. May 1989 Immigrants add twice as many jobs to the country as do natives. Immigrants contribute to Immigrants stimulate entrepreneurial local employment more than non-immigrants. activity, thus becoming a significant element of our country's overall economic structure and offering native-born workers additional direct and indirect employment opportunities. 16 COMPETITION AND REVITALIZATION OF INDUSTRIES Papademetriou, et al.,U.S. Department of Labor, Bureau of International Labor Affairs, The Effects of Immigration on the U.S. Economy and Labor Market, May 1989 The viability of some firms and industries facing international and domestic competition is dependent on immigrant labor. Immigrants enter economic sectors currently unable to supply adequate numbers of native workers. By accepting lower wages, immigrants keep certain industries competitive, save positions of native workers in related functions, give domestic workers added mobility, and allow some industries to move into gradual restructuring. Immigrants workers can revive and/or prevent further declines of certain failing local industries that face strong import competition. Kevin McCarthy and R Burciaga Valdez, Current and Future Effects of Mexican Immigration in California, May 1986 Mexican immigration in the 1970s and early 1980s provided a boost to California's economy, especially in the Los Angeles area. It allowed low-wage industries to expand at a time when their'counterpdits ' nationwide were contracting in the face of foreign competition. 17 EDUCATION AND SKILL LEVELS OF 1M 11GRANTS Elaine Sorensen, Frank Bean, Leighton Ku, and Wendy Zimmerman, Immigrant Categories and the U.S.Job Market.Do Papademetriou, et al., U.S. Department of They Make a Difference?, 1992 Labor, Bureau of International Labor Affairs, The Effects of Immigration on the Employment-preference and family- U.S. Economy and Labor Market, May 1989 preference immigrants are equally likely to work. Many immigrants admitted to the U.S. for family reunification have been making valuable contributions to highly-skilled occupations. In virtually all professional and technical George Borjas, Friends or Strangers, occupations, many more immigrants are 1990 admitted under family reunification and non- economic provisions than under worker Empirical evidence shows that persons who preferences. migrate as a part of a family unit are more skilled than the single or unattached Family reunification and refugee resettlement immigrant. provisions are by no means inconsistent with the satisfaction of important U.S. labor needs. The aggregate educational profile of immigrants is similar to that of the native bom population. Michael Mandel and Christopher Farrell,."The Immigrants," Business Week, July 13, 1992 The percentage of male workers who are college graduates is 26.6% for recent immigrants (immigrants in the U.S. for 5 years or less); 24.9% for all foreign born workers; and 25.1% for native born workers. 18 EM11GRANT AND NATIVE LABOR FORCES George Borjas, Friends or Strangers, 1990 The labor market characteristics of an immigrant Robert L. Bach and Doris Meissner, male are similar to those of a native male. They America's Labor Market in the 1990's.- have 990's.have the same labor force participation rate and What Role Should Immigration Play?, unemployment rate, and their hourly wage rates June 1990 vary by only 1%. Immigrant labor force participation rates are high. Immigrant unemployment rates are low compared to the general workforce. Richard Freeman, editor, Immigration, ?rude, and the Labor Market, 1988 Immigrants have a higher than average propensity to start a new business. Immigrants complement the skills of some native workers. 19 INTEGRATION INTO SOCIETY Throughout the United States' history as an immigrant nation, public perceptions.of immigrants have always raised concerns that the latest group of newcomers is not learning English or not exhibiting other intangible signs of "becoming American." Studies of the most recent groups of immigrants, primarily Latinos and Asians, provide strildng evidence that these concerns are unfounded. Latino and Asian immigrants tend to learn English and identify themselves as Americans at the same rate as their earlier counterparts, and show strong signs of achieving academic and economic success. r Alejandro Portes and Min Zou, "The New Second Generation: Segmented Assimilation and.,Its Variants Among Post-1965 Youth," The Annals of the American Academy of Political and Social Sciences, November 1993 The study found that immigrants' children are not growing up 'un-American.' Rather, most of them, while bilingual,speak English fluently and prefer it to their parents' native language. In fact, in Miami 99% of the children and in San Diego 90% of the children surveyed said they spoke English well or very well. Surprisingly, 94% of the Cuban-American children said they preferred English to Spanish. Most children of immigrants hold on to the strong aspiration of social mobility through education. This may be attributable to strong family cohesiveness. Linguistic assimilation is evident in the fact that only.12% of the second generation reports speaking English poorly. Children of immigrants are as likely to attend public schools, as unlikely to be dropouts, and as likely to graduate from high school as native parentage youth. Immigrant youth who remain firmly rooted in their respective ethnic communities may, by virtue of this fact, have a better chance for educational and economic mobility through use of the material and "social" capital that their communities make available. Remaining securely tied to their ethnic community may not be a symptom of escaping assimilation. A recently completed study of second generation eighth and ninth graders in the Dade and Broward Counties schools (Cuban, Haitian, Nicaraguan, and West Indian second generation children) showed that less than one-fifth of the second generation students identify themselves as non-hyphenated Americans (i.e. they identify themselves as Cuban versus Cuban-American or Haitian rather than Haitian- American), At least four-fifths of every group in the study expects to complete college. Roughly 70% of students from every nationality aspire to professional or business careers. In the study, the best-positioned socioeconomic group is the one least likely to step out of the ethnic circle in its inter-personal relationships, while the group in the most disadvantaged position is most likely to do so. -o Frank D. Bean, Jorge Chapa, Ruth Berg, and Kathy Sowards, "Educational and Socioeconomic Incorporation Among Hispanic Immigrants to the United States," 1991 Immigrants exhibit different characteristics than natives and retain country of origin as the group with which they most closely identify. The second generation begins to shift its language patterns and reference groups. The third generation has made the transition almost completely. For example, 84% of first generation Mexican women have been found to use only Spanish at home(Portes and Rumbaut, 1990). By the third generation, the shift to English has been nearly complete, with 84% of persons using only English at home and 12% using both English and Spanish (Lopez, 1978). This third generation also refers to the country of destination as the group with which it identifies most. Even if educational levels,of:more recent immigrants are declining, the experience of the immigrant generation may hold few implications.for the ease with which the children and grandchildren of the immigrants will advance socioeconomically. As Chavez (1989) and others have argued, native-born Mexican-Americans may make rapid strides socioeconomically even if the prospects for the immigrant generation itself might be deteriorating. The key test of whether the native-born groups are assimilating hinges on comparisons between the second and third or later generation with non-Hispanic Whites. Kevin McCarthy and R. Burciaga Valdez, Current and Future Effects of Mexican Immigration in California, May 1986 Mexican immigrants are following the classic American pattern for integrating into U.S. society, with education playing a critical role in the process (integration being defined as the acquisition of English and familiarity with labor market). y J ?1 BIBLIOGRAPHY Bach, Robert L. and Doris Meissner, America's Labor Market in the 1990's: What Role Should Immigration Play? Washington, D.C.: Carnegie Endowment for International Peace, June 1990. Bean, Frank D., Jorge Chapa, Ruth•Berg, and Kathy Sowards, "Educational and Socioeconomic Incorporation Among Hispanic Immigrants to the United States," prepared for "Immigrants in the 1990s" Conference, Washington, D.C.: The Urban Institute, June 17-18, 1991. Bor as, George J., Friends or Strangers: The Impact of Immigrants on the U.S. Economy. New York, NY: Basic.Books, Inc., 1990. w. Coifman, Tom and Helena Sundman, "Refugee Agencies Dodge Funding Crisis," Chicago Reporter, April 1993, pp. 3-5. Comprehensive Adult Student Assessment System, A Survey of the Newly Legalized in California. Report for the California Health and Welfare Agency, Sacramento, CA, 1989. DeFreitas, Gregory, "Hispanic Immigration and Labor Market Segmentation," Industrial Relations, Vol. 27, No. 2, Spring 1988, pp. 195-214. Enchautegui, Maria, Immigration and County Employrhent Growth. Washington, D.C.: The Urban Institute, August 1992. Freeman, Richard B., editor, Immigration, Trade, and the Labor Market. Cambridge, MA: National Bureau of Economic Research, 1988. Going to Mexico: Priced Out of American Health Care. Washington, D.C.: Families USA Foundation, November 1992. Greenwood, Michael J. and John M. McDowell, The Labor Market Consequences'of U.S. Immigration: A Survey. Washington, D.C.: U.S. Department of Labor, Bureau of International Affairs, August 1990. Guide to Alien Eligibility for Federal Programs. Los Angeles, CA: National Immigration Law Center, 1992. Hogeland, Chris and Karen Rosen, Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (A Survey Research Project of Chinese, Filipina and Latina Undocrunented Women). San Francisco, CA: Coalition for Immigrant and Refugee Rights and Services, 1991. Mandel, Michael and Christopher Farrell, "The Immigrants," Business Week, July 13, 1992, pp. 114-122. 22 McCarthy, Kevin and R. Burciaga Valdez, Current and Future Effects of Mexican Immigration in California. Santa Monica, CA: The Rand Corporation, May 1986. Muller, Thomas and Thomas Espenshade, The Fourth Wave. Washington, D.C.: The Urban Institute Press, 1985. Papademetriou, Demetrios G., Robert L. Bach, Kyle Johnson, Roger G. Kramer, Briant Lindsay Lowell, and Shirley J. Smith, The Effects of Immigration on the U.S. Economy and Labor Market. Washington, D.C.: U.S. Department of Labor, Bureau of International Labor Affairs, May 1989. Portes, Alejandro and Min Zou, "The New Second Generation: Segmented Assimilation and Its Variants Among Post71965 Youth," The Annals of the American Academy of Political and Social Sciences, November 1993. Report on the Legalized Alien Population. Washington, D.C.: U.S. Department of Justice, Immigration and Naturalization Service, March 1992. Simon, Julian, How Do Immigrants Affect Us Economically? Washington, D.C.: Center for Immigration Policy and Refugee Assistance, Georgetown University, 1985. Simon, Julian, The Economic Consequences of Immigration. Cambridge, MA: Basil Blackwell, Inc., 1989. Sorensen, Elaine, Frank Bean, Leighton Ku, and Wendy Zimmerman, Immigrant Categories and the U.S. Job Market: Do They Make a Difference? Washington, D.C.: The Urban Institute Press, 1992. Tienda, Marta and Leif Jensen, Immigration and Public Assistance Participation: Dispelling the Myth of Dependency. Madison, WI: University of Wisconsin-Madison, June 1985. Weintraub, Sidney, "Illegal Immigrants in Texas: Impact on Social Services and Related Considerations," International Migration Review, Vol. 18, No. 3, 1984, pp. 733-747. 23 .. ` t 4 .�: �, `� ' . � � / � M S � R 3 t..... .� , i+� �.�� .� Nrt �� i a +�1 ",w ATTACHMENT #7 w RECEI'V E 0 OCT - PACIFICCROSS.CURRE A 9 -.A Publication of the Padfic Research Institute s SUMMER-FALL Mandate Madness THE POLITICS OF MEANING WT PASSING THE BUCK ON IMMIGRATION -� � � ANDTHE MEANING OF POLITICS 101 X, ;x and y now host of the hubbub over Hillary ativists, open-border advocates Rodham Clinton's "politics of meaning" all sides in between are squaring,off � ��'� �� P g for atooth-and-nail fi ht over immi r speech back in April has begun to subside, g r�� gration. In the meantime, a quieter, high stakeswe=think that amidst the mirth this episode s r confrontation is brewing—not over the imugrants , generated, the most salient aspects of the matter n themselves,but over who should pay the costs of� n overlooked. their assimilation. The great issues of federalism °ti cS eakin at the University of Texas, Mrs. pu g y and federal mandates on state and local govern . hntori said that we must redefine who we are as ment are revived in this controvers�' Federal "' human''+beings in this post-modern age," which will 3u � .. immigration is clearly a federal responsibility,--'-,But f srequire remaking the American way of politics, Washington is passing the buck to the statess< F ' ; government, indeed life." There is no doubt that immigrants make a` ". - ` However silly the "politics of meaning" may substantial contribution to our economy and ours &r^ seem`on the surface, it is a mistake to dismiss it as . ��_ter_ . • „ standard of living. It is true that welfare outlays,for,h Faxmere rhetoric. To the contrary: the idea of a poli- immigrants may be as high as $5 billion. �ttcs of'meaning" expresses the theoretical center of immigrants earn$240 billion a year,and paymore modern Progressive liberalism. That center will than a third of that in taxes—$90 billion a year'I� �to - out to be, on close inspection, nihilistic and ,. MWS ,;[ But there's a catch. Immigrants make most of their tyrannical, even if gilded with soft edges. public contribution in the form of payroll taxes `Thiel idea of "redefining who we are in this post- That means that near! two-thirds of their taxes o f modern age implies that there is no human na- y ture,or that whatever human nature there is directly to Washington,bypassing the state ander local governments. In Los Angeles County alone, illegal irnmi, i defes itself through sheer self-assertion. In other ; o*wrds sthe human soul can be transformed at will. , f� x So for Mrs. Clinton to say that we need to grants generated almost$3 billion in assorted taxes >t remake the American way of politics, government, revenues in 1990-91. But the lion's share of the x� , 5� -j . funds, $1.7 billion, went straight to the federal and life is to imply that government has the right, � w ?even the duty, to change man into something he (continued on pagem" R 4) ' now isnot. She believes that this transformation an:be.achieved through proper administration. IN THIS ISSUE x. `This idea is not new with Mrs. Clinton. Its '=intellectual pedigree traces back to the Progressive WhBudget3 v Political Economy r era and beyond, to the mostly German thinkers My the Is Blim ped Out . . . . . . . . . . . � -go thought that history should replace nature as .the philosophical ground of politics. The Environment Green Vigilantes,EPA Risk Assessment, and the Lucas Case Revisited . . . . . . . . . . . . . . ,., �v, (continued on page 3) �� M IMMIGRATION (continued from page 1) states, but it has been a promise mainly observed in the breech. government in the form of income taxes and contri- butions to the Social Security fund. The California Conundrum America absorbed a wave of nearly 10 million newcomers in the 1980s, exceeded in numbers only The State of California, the ultimate destination by the last such wave from 1905 to 1915. Seventy- of almost half of the nation's newcomers, provides. seven percent of these immigrants intend to reside the most dramatic example of how federal policy is in six states—California,Texas, New York, breaking state budgets. Beginning in 1991, Califor- Florida,Illinois and New Jersey. Not coinciden- nians have experienced the three largest state tally, these states are struggling with red ink. budget gaps in American history. Federal immi- What are the costs of immigration for the gration policy has added billions to these gaps. states? Look first to the demographics. Immi- That explains California Gov. Pete Wilson's grants account for a third of all U.S. population request for a $1.4 billion reimbursement as part of growth. In California alone, immigration has his 1993-1994 state budget proposal. Wilson's fueled high birth rates, giving the Golden State an request was followed by public recognition of the average 2.2 percent increase in population every plight of the states by President Clinton in a Feb. 16 year since 1980, or a rate of,population growth that speech over a live satellite feed to an economic is faster than those of China, India, Indonesia and, summit of California leaders. in some years,Bangladesh. Budget director Leon Panetta followed up on Of course, these newcomers arrive with hands March 13 with a specific promise—more than $1 to work as well as mouths to feed. But the costs of billion to help California with education, medical assimilation are huge, particularly educational care and other services for legal and illegal immi- costs,because immigrants and their families tend to grants. But the final budget that passed in June be younger than the U.S. norm. only contains $324 million in funding for Regardless of how you view this liberalized California's SLIAG costs. national immigration policy, it is the states, coun- Furthermore, the federal government has no ties and cities that must provide more social and plans to compensate the states for many other physical infrastructure for these new Americans. immigration-related costs, including the growing In the State of Illinois, the costs of providing medi- population of children of illegal aliens born in the cal services, education, corrections, welfare and United States, or citizen-children. Forty-two other services for illegal or undocumented aliens percent of all births in New York City are to immi- alone is almost $50 million. States are liable for grant mothers. In 1992, the County of Los Angeles other-costs related to immigrants as well. counted 250,000 citizen-children of undocumented Much of this was foreseen by Congress when it parents. In fact, children born to illegal immigrants wrote the 1986 Immigration and Reform Control now account for more than 65percent of all births Act. This mea- at county-run sure created the (thousands) hospitals in Los State Legalization 2 (thousands) Immigrants rants Admitted to the U.S. Angeles. ,000 g Impact Assistance 1900 — 1991 The states find Grant(SLIAG) 1,800 another cost program to 1,600 particularly reimburse state 1,400 galling: that of and local govern- 1,200 imprisoning ments for immi- 1,000 illegal immigrants gration-related 800 convicted of expenses ranging serious crimes. In from public 600 California alone, health programs, 400 these prisoners to public assis- 200 are costing state tance, to educa- 0 taxpayers almost tion. This was $350 million a 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 Washington's Source:U.S.Immigration and Naturalization Service year. promise to the These are just 4 some of the estimated costs borne by the states, although AFDC Expenditures for Recent no one knows the full costs of immigration. For that reason, Immigrants to California five big state governors are (millions) appealing to President 300 ; :: ® Refugees - - f. have for relief. They o e Clinton Y also organized informal 1 5 :> > D Citizen Children 1 ed an o >< u f (Undocumented wo rkin roP tate fi- working o s directors to seek a 2 Parents) nance common definition o 0 i f costs. de "However Youfeel about 150 immi gr tidaud e f d 1 f h affected 00 ' in n the a ffi i t one o official states "it is anational policy li c Y r h govern-Fede1 50 a t e for which n i- r o s es nh financial met as P bility. Period." 0 87/88 88/89 89/90 90/91 91/92 92/93 93/94 —By Mark Davis, PRI Public (Fiscal Year) Source:California Department of Finance Affairs Fellow Political Economy only lagged badly behind the nation as a whole in terms of growth in capital expenditures; it has CALIFORNIA: actually experienced a negative growth rate since WHY NOTHING GETS BUILT 1975. This trend is all the more astounding when one considers that in the 1960s, the state tax burden in Ever wonder why California is unable to California amounted to about 4.8 percent of per- provide new roads, schools,sewers, water supplies, sonal income. Today, the state tax burden is over 8 and other kinds of public works necessary to percent of personal income, yet the state cannot accommodate the state's rapid growth? A recent afford the kind of public works it used to. report from the California Council for Environmen- We think this trend exposes in dramatic fashion tal and Economic Balance (CCEEB) contained some the disproportionate shift of public resources into illuminating numbers. The chart at the lower right social spending that has taken place in the last shows the precipitous decline in capital expendi- generation. tures as a portion of total spending in California over the last generation. Our own research re- vealed that state spending for road building alone Capital Outlay as a % of State Spending has declined from 16 percent of the state budget in in California 1963 to about 5 percent today. As the table below shows, California has not 25.0 20.05 Growth Rate of State & Local 15.0 ° Capital Investment 10.0 Californiaus 5.0`� 1961-1988 .34%/yr 1.76%/yr 0.0% »::>:. 1975-1988 -1.4%/yr .46%/yr 1950 1955 1960 1965 1970 1975 1980::::::... Source:Douglas Holtz-Eakin,Regional Science and Urban 1985 1990 Economics,April 1993 Source:CCEEB 5 ATTACHMENT #8 Senate Bill No. 691 CHAPTER 818 An act to add Section 53069.75 to the Government Code, relating to immigration, and declaring the urgency thereof, to take effect immediately. [Approved by Governor October 4, 1993. Red with Secretary of State October 5, 1993.] LEGISLATIVE COUNSEL'S DIGEST SB 691, Kopp. Law enforcement: immigration matters. Existing state law makes no express provision concerning the cooperation of law enforcement officers with federal government agents on immigration matters. This bill would provide that no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States Immigration and Naturalization Service any person, pursuant to federal law or regulation,who is arrested and booked for the alleged commission of a felony and who is reasonably suspected to have violated the civil provisions of the federal immigration laws. This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows. SECTION 1. Section 53069.75 is added to the Government Code, to read: 53069.75. In order to comply with state law requirements mandated by Section 3753 of Title 42 of the United States Code, which bases eligibility of federal grants under the Omnibus Control and Safe Streets Act, no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States Immigration and Naturalization Service any person, pursuant to federal law or regulation, to whom both of the following apply: (a) The person was arrested and booked,based upon the arresting officer's probable cause to believe that the person arrested had committed a felony. (b) After the arrest and booking in subdivision (a), the officer reasonably suspects that the person arrested has violated the civil provisions of the federal immigration laws. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning-of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to guarantee continued federal support for local law enforcement activities, it is necessary that this act take effect 94 110 Ch. 818 —2— immediately. O tit v',.q;ern 94 110 ri 4 A--zt Senate Bill No. 733 CHAPTER 819 An act to add Sections 9601.5 and 9601.7 to the Unemployment Insurance Code, relating to employment. [Approved by Governor October 4, 1993. Filed with Secretary of State October 5, 1993.] LEGISLATIVE COUNSEL'S DIGEST SB 733, Russell. Employment: unemployment insurance: employment services. Existing law does not provide procedures for government and private agencies providing employment services to verify the legal status or work authorization of every individual prior to providing services to these individuals. This bill would require each.state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to, job training, retraining, or placement, to verify an individual's legal status or authorization to work prior to providing services to that individual in accordance with procedures established under federal law. It would specify that, for purposes of these provisions,proof of legal status or authorization to work includes, but is not limited to, a social security card, immigration visa,birth certificate,passport, or other valid document providing evidence of legal residence or authorization to work in' the United States. It would also specify that those provisions requiring verification of an individual's legal status or authorization to work prior to providing employment services shall not apply to employment services offered by school districts under secondary school and adult education programs. This bill would require each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to, job training, retraining, or placement, pursuant to these provisions, to post in a prominent location in the workplace a notice stating that only citizens or those persons legally authorized to work in the United States will be permitted to use the agency's or organization's employment services that are funded by the federal or state government, as specified. This bill would provide that if any provision of the bill or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the bill that can be given effect without the invalid provision or application. 92 90 Ch. 819 —2— The people of the State of California do enact as follows. SECTION 1. Section 9601.5 is added to the Unemployment Insurance Code, to read: 9601.5. . Each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to,job training, retraining, or placement, shall verify an individual's legal status or authorization to work prior to providing services to that individual in accordance with procedures established under federal law. For purposes of this section, proof of legal status or authorization to work includes, but is not limited to, a social security card, immigration visa, birth certificate, passport, or other valid document providing evidence of legal residence or authorization to work in the United States. This section shall not apply to employment services offered by school districts under secondary school and adult education programs. SEC. 2. Section 9601.7 is added to the Unemployment Insurance Code, to read: 9601.7. (a) Each state or local government agency or community action agency, or any.private organization contracting with a state or local government agency, that enters into an agreement with the department to provide employment services including,. but not limited to, job training, retraining, or placement, shall post in a prominent location ,in the workplace, a notice stating that only citizens or those persons legally authorized to work in the United States will be permitted to use the agency's or organization's employment services that are funded by the federal or state government (b) The notice shall read: NOTICE: Attention All Job Seekers The Immigration and Reform Control Act of 1986 (IBCA) requires that all employers verify the identity and employment authorization of all individuals hired after November 6, 1986. An employer is required to examine documents provided by the job seeker establishing identity and authorization for employment in the United States. In addition, it is a violation of both state and federal law to discriminate against job seekers on the basis of ancestry, race, or national origin.This agency provides employment services funded by the federal or state government that are available only to individuals who are United States citizens or who are legally authorized to work in the United States. SEC; 3. If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not -affect other provisions or applications of the act which can be given effect without the invalid provision or application,and to this end the 92, 130 A —3— Ch. 819 provisions of this act are severable. it y :e S, .t, )r .h is is h )f is A �e y :e .e A a .y d O s e IS n is ,r :e �1 d :o 'y :0 A n to 30 92 130 Senate Bill No. 976 CHAPTER 820 An act to amend Section 12800.5 of,and to add Sections 12801.5 and 14610.7 to, the Vehicle Code, relating to residency. [Approved by Governor October 4, 1993. Filed with Secretary of State October 5, 1993.] LEGISLATIVE COUNSEL'S DIGEST SB 976,Alquist. Drivers'licenses: identification cards: citizenship or legal residence. (1) Existing law requires every application for a driver's license or identification card to contain specified information. This bill would require the Department of Motor Vehicles to require every applicant for an original driver's license or identification card to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. The department would be prohibited from issuing an original driver's license or identification card to any person who does not submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. The bill would require the department to adopt regulations to carry out these requirements,including procedures for (1) verifying that an applicant's presence in the United States is authorized, (2) the issuance of temporary licenses pending that verification, and (3) appeals hearings from denials of licenses. The bill would require the department,not later than March 1, 1994,to report to the Legislature on the feasibility of entering into agreements with the Immigration and Naturalization Service to electronically verify the alien registration number of applicants. The bill would require the department each year to submit a specified supplemental budget report to the Governor and the Legislature. (2) Existing law prohibits the operation of a motor vehicle by an unlicensed person. This bill would prohibit a peace officer from detaining or arresting a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe that the driver is under the age of 16 years. (3) Existing law makes it a misdemeanor for any person to,among other things, knowingly make any false statement in any document filed with the department. This bill would make it a misdemeanor for any person to knowingly assist in obtaining a driver's license or identification card for any person whose presence in the United States is not authorized under federal law. Because the bill would create a new crime, it would impose a 94 90 Ch. 820 state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows. SECTION 1. Section 12800.5 of the Vehicle Code is amended to read: 12800.5. (a) A license issued after January 1, 1981, shall bear a fullface engraved picture or photograph of the licensee. (b) A license issued on or after July 1, 1995,including a temporary license issued pursuant to Section 12506, shall bear the following notice: "This license is issued solely as a license to drive a motor vehicle in this state; it does not establish eligibility for employment, voter registration, or public benefits." (c) The department may demand proof of age prior to the issuance of a license. SEC. 2. Section 12801.5 is added to the Vehicle Code, to read: 12801.5. (a) Notwithstanding any other provision of law, the department shall require every applicant for an original driver's license or identification card to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. (b) The department shall not issue an original driver's license or identification card to any person who does not submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. (c) The department shall adopt regulations to carry out the purposes of this section,including procedures for,but not limited to, (1) verifying that the applicant's presence in the United States is authorized under federal law, (2) issuance of temporary licenses pending verification of status, and (3) appeals.hearings from denials of licenses or temporary licenses. (d) The department shall, not later than March 1, 1994, submit a report to the Legislature on the feasibility and costs of entering into an agreement with the United States Immigration and Naturalization Service to electronically verify the alien registration number of those applicants who are residents who have been issued such a number, and to manually verify the status of those applicants who have not been issued such a number. (e) On January 10, 1995, and on January 10 of each subsequent year thereafter, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver's 94 140 -3— Ch. 820 licenses and identification cards, in order for the state to request ;e reimbursement from the federal,government. 1e (f) Notwithstanding Section 40300 or any other provision of law, �t a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has is reasonable cause to believe the person driving is under the age of 16 years. (g) The inability to obtain a driver's license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle :o laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. a (h) This section shall become operative March 1, 1994. SEC. 3. Section 14610.7 is added to the Vehicle Code, to read: y 14610.7. It is a misdemeanor for any person to knowingly assist in Lg obtaining a driver's license or identification card for any person )r whose.presence in the United States is not authorized under federal a, law. SEC. 4. No reimbursement is required by this act pursuant to to Section 6 of Article XIII B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, ie changes the definition of a crime or infraction, changes the penalty .'s for a crime or infraction, or eliminates a crime or infraction. 1e Notwithstanding Section 17580 of the Government Code, unless al otherwise specified in this act, the provisions of this act shall become. operative on the same date that the act takes effect pursuant to the )r California Constitution. .y !d ie o, is 's Is a to ►d ►n ,d is at et of ' s 40 94 160 ATTACHMENT #9 CONTRA COSTA COUNTY Probation Department COntl'a RECEIVED Gerald S.suck County P obation Officer Administrative Offices Costa OCT 1 3 50 Douglas Drive,Suite 201 County n Ity Martinez,California 94553-8500 (510)313-4180 e (510)313-4191 FAX OFFICE OF COUNTY ADMINISTRATOR To: Date: Claude L. Van Marter, 10/12/93 Asst. County Administrator co;rq",0 A. From: Subject: Gerald S. Buck, Data Regarding Cost of Coun y Probation Officer Providing County Services to Illegal Aliens We do not keep any statistics on services provided in relation to illegal aliens or immigrants, so all I can do is offer some anecdotal and experiential feedback. There are undoubtedly a number of immigrants and illegals that find their way into our caseloads without our knowledge. Juveniles detained and committed to facilities and adults and juveniles under our supervision must include these individuals. In most situations it matters little to us as they've been arrested/convicted and ordered to be under our supervision by the Courts we serve. If we have a juvenile in Juvenile Hall who appears to be- an illegal alien, we notify INS ( Immigration and Naturalization Services) and occasionally they can establish the status of the individual and take custody. We are particularly concerned if an illegal alien minor is declared a ward and ordered placed into foster care. In such cases Contra Costa County must pay 100% of foster care costs which could be up to $40,000 per year. In such cases we first try to keep them from being ordered placed and, if they are, we work with INS to establish status and deportation. Immigrants with legal status are eligible for AFDC and we have several of these wards under our care, but we don't keep a tally so I 'm unable to establish cost. All in all, the cost to Probation for services to immigrants and illegal aliens is quite negligible, I believe. This could change as immigration trends change. A few years ago we almost never saw an Asian in our facilities . Now they represent nearly 10% of our residents . We do not know how many are immigrants versus second generation or third generation Americans . Most, we believe, are U. S . born second generation Southeast Asians . C. L. Van Marter - 2 - 10/12/93 You also asked if we had any additional information. I 've attached a position paper on the impact of criminal aliens in Los Angeles . The National Association of Probation Executives (NAPE) has endorsed the Los Angeles position via resolution by its Board on September 18, 1993 . Finally, you asked if we restrict our services by law or policy. We do not, but we do work with INS in matters of illegal alienship. GSB:ds Attachment COIIIs^YWIDr CRIXI L JUSTIM COO===TzoIZ coxr►.I'r+'EE (CCJCC) IAS ANGELES COUM Y In Los Angeles County a justice system-wide committee has been formed to address problems of crime, gang violence, court congestion, and jail and juvenile facility overerowdin5. The problems and possible solutions are complex and cut across departmental lines. The committee is n top level, multi-jurisdictional advisory body convened to improve the justice system through greater cooperation and coordination. It includes in its membership, heads of all local criminal justice agencies, judges, chiefs of police, along with school officials, elected County and city officials, and local heads of Federal agencies. The committee is 'headed by the Chairman of the jurisdiction's Board of Supervisors. The Committee benefits the system by its ability to: (1) provide a foram for discussion of issues and sharing of information; (2) foster cooperative efforts toward solution of mutual problems; and (3) increase mutual respect and cooperation at policy making levels through personal contact. systemwide strategies are developed and implemented faster and more effectively because they are a result of mutually agreed upon departmental decisions. i POS 7 I04"v PAPE;; IMPAC T OF CRIMINAL ALIENS ON LOCOAL GOVERNMENT An'ri't 2-1, 1993 County of Los Angeles 10FOUn MV 0C JIListic-0 C00rd',nation Committee The criminal justice system in Los Angeles County, trie State of Cafifornia, and to a similar extent, many other states, has been s!ariffiCantiv impacted by criminal aliens, immigrants who nave entered the United States unlawiuljy and commit crimes while in the country. Based on recent research, it has been documented that criminal aliens, at, any given time, cans'Mute approximately I I% of the Los Anneies County .tall population, resulting in over 575 million a year in local justice system costs,. This problem however, is one over which Los Angeles County and other local iurisdictions throughout the nation have virtually no control. Deportable criminal aliens are a Federal responsitYltity demanding direct end immediate relief to state and to-cal covernments. CRIMINAL ALIEN IMPACT ON THE GOUNT)( Convicted criminal aliens have added greatly to the local costs and operational burden of the County's already crowded Jails and congested court system. This impact an the local justice system was documented in two studies conducted. by the Countywide Criminal Justice Coordination Commtttee (CCJCC) through the cooperative efforts of the immigration and Naturalization Service (INS) and the Los Angeles County Sheriff. The first study, "Criminal Aliens in the Los Angeles County Jail Popuiation, was a comPrehensive study of the County's Jail POPut-aliOn conducted during 2 one-month period in 1990. Of the 17,774 inmates that were part of that one-month study, 119 (1,2313) were identified as deportable criminal aliens under current immigration laws. Of triese deportable aliens, 750.b had been convicted of felonies, 41%of which were drug iaw violations and 335131�,for crimes against pers04—m. Many nad been p reviousity cie,--.Te---and over 21% of, the identified deportable aiiens in the study wereaeponable based on past convictions. From this first study, it is estimated that over ZSOMO'deocrtabie aliens pass throuch the County's jusj---- system annually. The second study, "Impact of Repeat Arrests cr, Deportable Criminal Aliens in Los Anceles County', targeted the group of 1,933 deportable aliens identified in the first study, and examined their criminal records for a one year period following their release from custody. The follow-up study determineo that over 50% Of these defendants were returned by Federai officials to their ccurnry of origin by either voiurmwN removal or deportation. Yet, aimost 80%of those persons who had been returned to said country of origin had Blegaliy re-entered the United States and had been rearrested within one year of release, with IBM of the rearrests ccwrring in Los Angeies Cburity. -- Supported tic arnendrner .r o`tenera: scrnen;.:nc guidstine�tO permi: rnorE severe sentencing for re-ent-Y violations of aggravated teions which has resuhed in significantly increased prison sentences Tor Inose convICIed; -- Dedicacted local and federal resources to assist the County in irjarni yino and occumentmg the severity of the criminal aicen problom in its jail popuation an--the costs to the local criminal Justice system; Provided access to court conviction documents to expedite deportation promedings for convicted criminal aliens; end Implemented the institutional Hearing Program at the County Jail under which Immigration .fudges conduct deportation hearings for convicted criminal aliens before they are released tram County custody, the first program of its kind to be conducted'in a County Jail FEDERAL RESPONSIBILITY Immigration policy is established by the Federal government and, as such, aliens who illegally enter the United States and commit crimes are a national problem and the responsibility of the Federal govemment, Some initial steps to address the issue have been taken. For example, Congress has taken action to strengthen Federal efforts targeting criminal aliens. The Anti Drug Abuse Act of 1988 and the Comprehensive Crime Control Act of t99D both contain specific provisions to irnensi y Federal•law enforcement. efforts aimed at improving iderrtfi ration and expediting deportation of criminal aliens. Similar provisions, as well as other related reforms, have been incorporated into the Immicration-Act of 1990. Atthough these legisia'tive responses have eliminated or diminished certain legal defrcien^ies in the immigraticn lav:, they have no* been accornpanied by an adequate commitment of funds or manpower needed for full implementation in those regia-ts and local Juriscirticns that are most severely irnpacted by criminal aliens. These reforms have also failed to provide fiscal retie`to siate and local governments that have had to bear a disproportio=e share of justice system costs due to criminal aliens. NEED FOF3FEDERAL LEGISLAnON Legislation is needed to establish Federal responsibs?;ty for deportabie criminal aliens. However, remedial actions and relief should not be firnited to state level govemment. Local jurisdictions,who are most heavily impacted by criminal aliens,should receive direr: assistance as they sustain the major portion of overall justice system costs. The provisions far immure legislation re=mmended below are consistent with the recommendations adopted by the Los Angeles County Board of, Supervisors and the .NAPIE NATIONAL ASSOCIATION O-' PROBATION cXECJTIVES 50 Douglas Dr. , Suite 201 Martinez, CA 94553-8500 (510) 313-4180 September 30 , 1993 Mr. Barry J. Nidorf Chief Probation Officer Los Angeles Co. Probation Dept. 9150 East Imperial Highway Downey, CA 90242 Dear Barry, The Board of Directors of NAPE has reviewed and discussed the position paper, Impact of Criminal Aliens on Local Government" by the Los Angeles County Criminal Justice Coordination Committee. The Board unanimously voted to adopt a position of support for the Los Angeles County position on September 18, 1993 . Please feel free to use NAPE ' s name in support of the position and any legislation which promotes resolution of the problems outlined. Sincerely, Gerald S. Buck, President CSB:ds J BOARD OF DIRECTORS:President Gerald S.Buck,Calitomia- Vice President Ronald P.Corbett,Jr.,Massachusetts-Treasurer Dave Savage,Washington-SecretaryDan R.Seto,Texas-immediate Past PresidentDonald Cochran,Massachusetts-Regions:New England John Gorczyk,Vermont-Mid-Atlantic Richard A.Kipp,Pennsylvania-Central John J.Robinson,Illinois-SouthemT.Vince Fallin,Georgia - Westem Elyse Clawson,Oregon-At Large:Don Stiles,Arizona- Robert Bingham, Illinois MEMO TO: Claude Van Marter, CAO' s Office FROM: Steve Weir RE: Services to Illegal Aliens DATE: October 14, 1993 I have reviewed your memo of October 7, 1993. The only possible service costs associated with 'illegal aliens would be in the Clerk' s Office (Clerk of Superior Court) . Many people file fee waivers. It is possible that illegal, aliens may be involved in Ii.tigation and may file for a fee waiver. This would have a cost consequence on the whole court structure. However, I do not know how we could quantify that impact. My gut feeling is that such a person would avoid the courts. When there is a fee waiver, we do ask for proof of- eligibility which could include: Food Stamp, AFDC, Medical Card, GA.. In addition, if an illegal alien registers: to , vote, they impact our operations financially by a per voter cost. This number is in the range of two to three dollars per election. Again, my . gut feeling is that we do not have reason to suspect a problem in this area. CONTRA COSTA COUNTY RECEIVED OCT g OFFICE OF POUNTY ADMINISTRATOR Contra Costa County The Board of Supervisors HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Tom Powers, 1st District Mark Finucane, Director Jeff Smith,2nd District Gayle Bishop,3rd District 20 Allen Street Sunne Wright McPeak,4th District sE c Martinez,California 94553-3191 Tom Torlakson,5th District 01 (510)370-5003 FAX(510)370-5098 County Administrator Phil Batchelor County Administrator r'd�f '- •'c3' srA•cooKr� DATE: November 4, 1993 TO: Claude L. Van Marter Assistant founty Ad strator FROM: Mark Finucane Health Services Director SUBJECT: DATA REGARDING THE COST OF PROVIDING COUNTY SERVICES TO ILLEGAL ALIENS In an October 7 memo to me, you requested data regarding the cost of providing county services to illegal aliens. Unfortunately, there is not much hard data available regarding health services. We had previously been targeted to receive about $2 million from the federal government (SLIAG fund) to pay for health services for newly-legalized immigrants under the 1986 Immigration Reform and Control Act amnesty program. These individuals were presumably previously undocumented individuals, but they by no means comprise the total population of undocumented persons. As you know, we have not received full reimbursement under SLIAG despite repeated attempts by our Congressional delegation. The SLIAG funds were supposed to compensate state and local programs for five years for services provided to this population of newly-legalized immigrants, since they were not eligible for Medicaid. With regard to Medicaid, a 1986 federal law specified that undocumented persons are only eligible for Medicaid reimbursement for emergency medical services, including labor and delivery. However, in 1988, the state enacted a law to provide a wider scope of services, such as follow up and continuation care. These additional services were paid for by the state alone and did not receive federal cost-sharing. The state estimated that in this fiscal year, $1 billion will be spent on providing Medi-Cal services to illegal aliens. That led to the enactment last year of a law repealing the law that expanded the scope of benefits so that the state and federal laws are consistent. Undocumented persons are not covered under Clinton's health care reform proposal. Therefore, they will likely continue to be the responsibility of the county health system when Merrithew Memorial Hospital&Clinics Public Health • Mental Health • Substance Abuse Environmental Health Contra Costa Health Plan Emergency Medical Services • Home Health Agency Geriatrics A-345 (2/93) they seek emergency care in the clinics or hospital. Because so little is known about this population, Lewin-VHI and the Kaiser Family Foundation will be conducting a study to collect and analyze data regarding health services provided to undocumented persons. It will address their use of health care services, the cost of providing these services and the relevant sources of financing. The study will also develop general demographic and socioeconomic characteristics of the population,including country of origin, language, age, gender, employment history, etc. In addition, it will develop options to deal with the financing and delivery of health services to this population. Unfortunately, collection of this information will be some time incoming. With regard to the cost of providing care to legalized immigrants, we do not separate that data out. However, because of the language needs of many immigrant populations, we do provide ethnic specialty clinics at the Richmond, Martinez and Pittsburg clinics. These weekly clinics are offered in Asian, Afghani, Lao, Vietnamese languages. About 725 visits per month are provided through these clinics. If you have any additional questions, please let me know. Community Services DepartmentChild Development 374-3994 Contra Communty Action 313-7363 Administration Costa Food Service 374-3850 1220 Morello Avenue, Suite 101 I Head Start 646-5540 Martinez,California 94553-4711 C O U n ty Housing and Energy 646-5756 ( PATHS 427-8094 510)313-7350 Fax: (510)313-7385 ti f.&L .loan V.Sparks, -_ CONTRA COSTA COUNTY Director RECEIVED °SrA dour OCT 2 0 October 20, 1993 OFFICE OF COUNTY ADMINISTRATOR To: Claude Van Marter, Assistant County Administrator From: Joan Spark irector CSD Subject: DATA ON COST TO CSD FOR SERVICES TO ILLEGAL ALIENS Housing and Energy Division and Community Services Block Grant Programs: Both the Housing and Energy Division and the CSBG Division provides no services to illegal aliens. Applicants for these services must complete a state of California form #2080912 certifying if their eligibility for program benefits,please see attachment. The Division does not separate immigrants who are legally in this county from nationalized citizens or U.S. born citizens. Therefore we have no data available on the costs to CSD to provide services to immigrants or illegal aliens. Head Start and Child Development Divisions: The Head Start Program and Child Development divisions do not inquire at the time of enrolling children whether they are illegal or legally in this country. Therefore we have no data available on the costs to CSD to provide services to immigrants or illegal aliens. PATHS Project: The PATHS Project does not require certification of citizenship when assisting homeless or potential homeless clients. Therefore we have no data available on the costs to CSD to provide services to immigrants or illegal aliens. The Board's resolution to establish a Newcomer Task force is a good idea, however, it appears to me a duplication of the Human Relations Commission's mandate. Please call me if you have any concerns or need any additional information. Affirmative Action/Equal Opportunity Employer • P.02 OCT-14-93 THU 8: 13 Attachment 2 APPLICANT NAME TO: APPLICANTS FOR LOW INCOME HOME ENERGY ASSISTANCE, PROGRAM (LIHEAP) DEPARTMENT OF ENERGY (DOE) OR COMMUNITY SERVICES BLOCK GRANT (CSBG) BENEFIT$ The Immigration and Nationality .-Act as amended by the Immigration Reform and Control Act of 1986 sates that certain legalized aliens are temporarily disqualified from receiving benefits under these three programs* Special Agricultural workers (SAWS) and individuals eligible for SSI (aged, blind, disabled) continue to be eligible. If someone in your household has been granted legalized status, you may still be eligible •for program benefits, if you meet other criteria. In order to comply with this requirement, please make a check in the box below in front of the statement that applies to your household. ❑ 1� certify that no member of this household has been provided legalized resident status according to Sections 245A (Amnesty or Legalization) or 210A (Replenishment Agricultural Workers) of the Immigration Reform and Control Act of 1986. ❑ I certify that a member of my household has been provided legalized resident status according to Sections 245A (Amnesty or Legalization) or 210A (Replenishment Agricultural Workers) of the Immingration Reform and control Act of 1986 AND THAT THE NECESSARY INFORKATZON On rNCOXV AND HOUSEHOLD JUMERS HAS BEEN PROVIDED. ❑ Five year period of exclusion from eligibility for program services has not been completed. ❑ Five year period of exclusion from eligibility for program services expired • DATE O&TE APPLICAliT SIMATM 2040112 ATTACHMENT #10 TO: BOARD OF SUPERVISORS Contra FROM: Supervisor Jeff Smith }� / Costa DATE: October 5, 1993 County.� `' SUBJECT: RESOLUTION OPPOSING ANTI-IMMI RATION PROPOSALS AND SUPPORTING THE INCLUSIVE PROCESS 1 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)i BACKGROUND AND JUSTIFICATION . RECOMMENDED ACTION: To adopt attached resolution opposing anti-immigration proposals and supporting inclusive process. REASONS FOR RECOMMENDATION AND BACKGROUND: During this past year the Governor and some legislators have proposed severe restrictions on immigration suggesting that we cannot afford to sustain the same level of immigration that we currently have. All the evidence shows, however, that immigrants in our society are more of an asset than a liability. CONTINUED ON ATTACHMENT: __YES SIGNATURE: 9,11116�s -RECOMMENDATIONOFCOUNTYADMINISTRATOR _RECOMMENDATIONOFSOAR COMMITTEE APPROVE -OTHER I SIGNATUREM: i ACTION OF BOARD ON - APPROVED AS RECOMMENDED_ OTHER_ I VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN - AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Supv. Jeff Smith: attn Nancy ATTESTED Maria Alegria and Grepry Kepferle PHIL BATCHELOR,CLERK OF THE BOARD OF via Supt/. Smith S office SUPERVISORS AND COUNTY ADMINISTRATOR Administration IN RECOGNITION OF OPPOSING ] RESOLUTION NUMBER ANTI-IMMIGRANT PROPOSALS/ ] SUPPORTING INCLUSIVE PROCESSES] WHEREAS, Contra Costa County has always been an ethnically diverse county, including the contributions of a rich mosaic of Immigrant communities; and WHEREAS, during these difficult economic times , immigrants, ethnic minorities and poor families and children have become scapegoats for the state's financial problems; and WHEREAS, extensive state and national research demonstrate that immigrants are a powerful benefit to the economy, as well as contributing more in taxes than using in public services; and WHEREAS, border control and immigration enforcement are being used at times against documented and undocumented entrants in an unjust manner, while denying the right to appeal asylum violates the International Covenant on Civil and Political Rights; and WHEREAS, denying children of undocumented immigrants citizenship, health care, education, and social service violates fundamental Constitutional and civil laws arld principles, and would create greater health and safety burdens for residents of Contra Costa County; and WHEREAS, requiring a national id ntification card will encourage discrimination against residents on the basis of name, language, ethnicity, and color, creating a permanent underclass; and WHEREAS, effective immigration po icies must address the issue of economic development of countries of origin as well as effective enforcement of labor laws in the United States; NOW, THEREFORE, BE IT RESOLVED, that the Contra Costa County Board of Supervisors does hereby reject punitive policies and proposals that prohibit citizenship to children born in the United States; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors rejects imprudent policies and proposals to prohibit access to necessary health care and education currently required by law for the public health and welfare of residents of Contra Costa County; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors rejects the proposed national identity card as discriminatory and placing an undue burden on county staff to operate as de facto agents of the Immigration and Naturalization , Service; and i BE IT FURTHER RESOLVED, that th� Contra Costa County Board of Supervisors rejects proposals r stricting the right of asylum appeal; and BE IT FURTHER RESOLVED, that tho Contra Costa County Board of Supervisors opposes the pending bii.ls in the California Legislature that would further restrict the rights of immigrants and refugees residing in California, and directs its State Lobbyist to actively oppose these proposals; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of. Supervisors does establish a Newcomer Task Force to study the need and contributions Of immigrants, the effects of immigration on Contra Costa County, and to recommend positive policies for the greater health, safety, and welfare of all residents of Contra Costa County. INTRODUCED BY: JEFF SMITH Supervisor, District II Witness my hand and the seal of the Board of Supervisors affixed this 5th day of-October, 1993. Phil Batchelor, Clerk of the Board of Supervisors and County Administrator. By Deputy Clerk New California Coal itioll NCC New [mlliigrant Fact Sheet I i Contrary to the popular opinion that new immigrants have a negative impact on the economy, here are some facts about the contributions that new immigrants make to their new home: ® Los Angeles' immigrants pay substantial federal, state, and local taxes - a total of $4.2 billion in 1992. (Source: *L.A.'s immigrants: Today's'problem,' tomorrow's answer" by Richard Rothstein, Economic Policy Institute) ® According to the U.S. Bureau of Labor Statistics (1985), immigrants come here to work, not to go on welfare, and use SUBSTANTIALLY LESS services than people born in the U.S.. ® Immigrants make up 22 percent of California's population but are only 12% of the population receiving AFDC. (Source:California State Department of Finance 1991-92) Immigrants, over their lifetime, pay $15,000 to $20,000 more in taxes than they receive in government benefits. (Source:Julian Simon, The Economic Consequences of Immigration, University of Maryland, 1989.) ® Approximately 11 million immigrants are working, earning $240 billion a year, and pay more than $90 billion in taxes...outweighing by far the $5 billion that Immigrants receive in welfare. (source: Business Week, July 13, 1992) Many of the United States' new businesses are started by new immigrants. Between 19052 and 1987, Hispanic businesses grew 81% and Asian American businesses grew 89%. In 1987, California's Vietnamese Americans operated 11,855 firms and produced $665 million in revenue. (Source: U.S. Census Bureau) ® Latino males are more likely to have jobs or to seek work than other Americans, yet employed Latinos are more likely to be among the nation's working poor. (Source: "State of Hispanic America', National Council of La Raza) ® Although undocumented immigrants are ineligible for almost all public benefits, including unemployment and social security, they are required to pay into these programs through taxes and payroll deductions. ® John D. Kasarda, a sociologist at the University of North Carolina at Chapel Hill states: "there is substantial evidence that immigrants are a powerful benefit to the economy, and very little evidence that they are negative." (Source: Business Week, July 13, 1992) Business Week (July 13, 1992) reports: "They [immigrants] are invigorating the cities and older suburbs by setting up businesses, buying homes, paying taxes, and shopping at the corner grocery store." , . . . . - i)epuiations through the multiplier effect. � A-6 Nitro lw. sq,tvm1wi 17, 10*5 �t _ AN i'R A N C• 1 ti, L,xpurts say bor*tate shvuld -invest 0 ' ® O immi'ro,"orants in its become more competitive in a their predecessors, and many hold Rather than fighting global economy — and the educa- several part-time jobs to make tion of immigrants should be a con- ends meet. multiculturalism, scious part of that so they can Julia Koppich, deputy director prepare to move into higher-pay- of Policy Analysis for California society could be ing,higher-tech jobs,for their own Education, a UC-Berkeley and sakes as well as for the rest of Stanford project, says California using newcomers society,experts say. has trouble viewing newcomers as to mutual benefit a resource. `immigrants aren't going to leave' By Susan Ferries Abel Valenzuela, a Massachu- 'Enraged debates' OF n-E EXAMWER STMF setts Institute of Technology- "Imagine if we took folks who - trained urban planner, says: "Im- were native Spanish speakers and The most comprehensive U.S. migrants aren't going to leave.We put them in support positions in Census study ever on Americas can attempt essen_tFie flow.But language classes (for American- immigrants confirms conventional what are we going to do with the born students),"she says."Instead; wisdom:Most immigrants who ar- immigrants here?If we don't start we have these enraged debates over- rived during the 1980s were Latin training them and investing in whether kids should speak more Americans, poorly educated with them,what's it going to mean 10 to than one language." limited English,yet willing to work 15 years from now when people like In Denmark, she says, students hard in undesirable jobs. you and me will retire and need must speak another language to California, home to 23 percent Social Security?" even get into college. of the nation's immigrants,should Turn-of-the-century European If California were more serious use the census as a guide to shape immigrants, many of them illiter- about having its students learn sec- immigrant-friendly policies that ate or unskilled,were funneled into and languages, Koppich suggests, will prepare the state for the,21st the type of manufacturing jobs immigrants could serve as tutors. century,social analysts say. that no longer exist in the United Koppich says it isn't helpful to The state needs to upgrade the States, Valenzuela said. Today's be "Pollyannaish" about immi- skills of its entire work force to— immigrants are paid even less than grants and deny the challenges-- _ t , 1 - � � 1 E ima MEN mill The number of rece::'. :1;gran!c:r the United States,comnared with the number of immigrants of longer residen,.e. Immigrants Immigrants Total No.of between Total No.of between Birthplace immigrants 1987-90 Pct. Birthplace Immigrants 1987-90 Pct. Japan 290,128 102.754 354 Mexico 4,298.014 803,730 18.7 Nicaragua 169,659 55,412 32.8 France 119.233 18,583 15.6 Soviet Union 3_33,725 93,156 27.9 Vietnam 543,262 84.676 15.6 Guatemala 225.739 54,934 24.3 Philippines 912,674 141,806 15.5 i EI Salvador 465,433 98.497 21.2 Colombia 286.124 43.014 15.0 China 529,837 ,110.123 20.8 Cambodia 118,833 11.843 10.0 Africa 363,819 74,701 20.5 U.K. 640,175 61,045 9.5 Laos 171,577 34,978 20.4 Ireland 169,827 16,023 9.4 India 450,406 88,179 19.6 Germany 711,929 38,958 5.5 Korea 568,397 109,607 19.3 All 19,767,316 3,136,930 15.9 SOJRCE:1990 U.S,census I teachers face instructing the child- cuts.More than 25,000 adults take immediate family members to le- \ _.__ ren of poor Latin Americans and these-class a ----- gally join relatives who had re- --Southeast Asians. "The investment we make is ceived amnesty in 1987. Nonetheless,she says,the state paid for in the students being able "This is not the undocumented is not doing enough to prepare im- to open their own businesses,"said we're talking z?1• nut here," Walker migrants for the future. Nina Gibson, chairwoman of the said. "California is a multiculture. college's ESL Department, Until we learn how to realize Turned away from English classes "They're paying taxes now,but at the potential of this strength,it will At San Francisco City College, low-paying jobs." be regarded as a problem." for example, an average of 6,000 Between 1987 and 1990, more people per semester are turned than 800,000 Mexicans entered the away from English as a Second United States -the largest num- Language classes because of budget ber of any immigrant group. The Biological $UCYey migration followed more than 1.3 million Mexicans who immigrated office #a be set up between 1980 and 1987, according to a Census Bureau study on for- oALL s WX)RNM NEws eign-born population released last DALLAS - The federal gov- week. ernment is about to set up an office According to the census, only to detect environmental problems about 26 percent of Mexican immi- before they become massive policy grants who entered during the late headaches. 1980s had a high school education or more. About 84 percent said The National Biological Survey, they could not speak Engrish well. as the office will be called,will hire Their average age was 21. scientists to research diversity and Professor Wendy Walker, of ecosystems and to identify species UC-Berkeley's School of Social before they are endangered.In the- Welfare, says the influx of Mexi- ory, it will be modeled after the cans between 1987 to 1990 was U.S. Geological Survey, one of probably a result of the familv-uni- eight hureau9 under the llei>art- �i fication program, which allow-d ment of the Interior. ATTACHMENT #11 THE BOARD OF S UP E RV=S O R S O F CONTRA C O S TA C OUNTSL'� CAL=FO RN=A RESOLUTION NO. 93/ IN OPPOSITION TO ANTI-IMMIGRANT PROPOSALS WHEREAS, Contra Costa County has always been an ethnically diverse county, including the contributions of a rich mosaic of immigrant communities; and WHEREAS, during these difficult economic times immigrants, ethnic , minorities and poor families and children have become scapegoats for the State's financial problems; and WHEREAS, the cultural diversity of - Contra Costa County and the State of California have contributed greatly to the strength of our society; NOW, THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA RESOLVED, that the Board abhors and rejects immigrant bashing, racism, and scapegoating: which are targeted at immigrants and ethnic minorities; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors hereby establishes a Newcomer Task Force to study the need and contributions bf immigrants, the effects of immigration on Contra Costa County, and to recommend positive policies for the greater health, safety, and welfare of all residents of Contra Costa County. Witness my hand and the Seal of the Board of Supervisors affixed this 5th day of October, 1993. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy Clerk RESOLUTION NO. ' l COMPETITION AND REVITALIZATION OF INDUSTRIES Papademetriou, et al.,U.S. Department of Labor, Bureau of International Labor Affairs, The Effects of Immigration on the U.S. Economy and Labor Market, May 1989 The viability of some firms and industries facing international and domestic competition is dependent on immigrant labor. Immigrants enter economic sectors currently unable to supply adequate numbers of native workers. By accepting lower wages, immigrants keep certain industries competitive, save positions of native workers in related functions, give domestic workers added mobility,and allow some industries to move into gradual restructuring. Immigrants workers can revive and/or prevent further declines of certain failing local industries that face strong import competition. Kevin McCarthy and IL Burciaga Valdez, Current and Future Effects of Mexican Immigration in California, May 1986 Mexican immigration in the 1970s and early 1980s provided a boost to California's economy, especially in the Los Angeles area. It allowed low-wage industries to expand at a time when their counterparts nationwide were contracting in the face of foreign competition. 17 EDUCATION AND SKILL LEVELS OF EMMIGRANTS Elaine Sorensen, Frank Bean, Leighton Ku, and Wendy Zimmerman, Immigrant Categories and the U.S.Job Market:Do Papademetriou, et al., U.S. Department of They Make a Difference?, 1992 Labor, Bureau of International Labor Affairs, The Effects of Immigration on the Employment-preference and family- U.S. amily- US. Economy and Labor Market, May 1989 preference immigrants are equally likely to work. Many immigrants admitted to the U.S. for family reunification have been making valuable contributions to highly-skilled occupations. In virtually all professional and technical George Borjas, Friends or Strangers, occupations, many more immigrants are 1990 admitted under family reunification and non- economic provisions than under worker Empirical evidence shows that persons who preferences. migrate as a part of a family unit are more skilled than the single or unattached Family reunification and refugee resettlement immigrant. provisions are by no means inconsistent with the satisfaction of important U.S, labor needs. The aggregate educational profile of immigrants is similar to that of the native born population. Michael Mandel and Christopher Farrell,,"The Immigrants," Business Week, July 13, 1992 The percentage of male workers who are college graduates is 26.6% for recent immigrants (immigrants in the U.S. for S years or less); 24.9% for all foreign born workers; and 25.1% for native born workers. 18 EVMGRANT AND NATIVE LABOR FORCES George Borjas, Friends or Strangers, 1990 The labor market characteristics of an immigrant Robert L. Bach and Doris Meissner, male are similar to those of a native male. They America's Labor Market in the 1990's. have the same labor force participation rate and What Role Should Immigration Play?, - unemployment rate, and their hourly wage rates June 1990 vary by only 1%. Immigrant labor force participation rates are high. Immigrant unemployment rates m are low compared to the general workforce. Richard Freeman, editor, Immigration, T}ade, and the Labor Market, 1988 Immigrants have a higher than average propensity to start a new business. Immigrants complement the skills of some native workers. 19 INTEGRATION INTO SOCIETY Throughout the United States' history as an immigrant nation, public perceptions of immigrants have always raised concerns that the latest group of newcomers is not learning English or not exhibiting other intangible signs of "becoming American." Studies of the most recent groups of immigrants, primarily Latinos and Asians, provide striking evidence that these concerns are unfounded. Latino and Asian immigrants tend to learn English and identify themselves as Americans at the same rate as their earlier counterparts, and show strong signs of achieving academic and economic success. Alejandro Portes and Min Zou, "The New Second Generation: Segmented Assimilation and Its Variants Among Post-1965 Youth," The Annals of the American Academy of Politica!and Social Sciences, November 1993 The study found that immigrants' children are not growing up 'un-American.' Rather, most of them, while bilingual,speak English fluently and prefer it to their parents' native language. In fact, in Miami 99% of the children and in San Diego 90% of the children surveyed said they spoke English well or very well. Surprisingly, 94% of the Cuban-American children said they preferred English to Spanish. Most children of immigrants hold on to the strong aspiration of social mobility through education. This may be attributable to strong family cohesiveness. Linguistic assimilation is evident in the fact that only.12% of the second generation reports speaking English poorly. Children of immigrants are as likely to attend public schools, as unlikely to be dropouts, and as likely to graduate from high school as native parentage youth. Immigrant youth who remain firmly rooted in their respective ethnic communities may, by virtue of this fact, have a better chance for educational and economic mobility through use of the material and "social" capital that their communities make available. Remaining securely tied to their ethnic community may not be a symptom of escaping assimilation. A recently completed study of second generation eighth and ninth graders in the Dade and Broward Counties schools (Cuban, Haitian, Nicaraguan, and West Indian second generation children) showed that less than one-fifth of the second generation students identify themselves as non-hyphenated Americans (i.e. they identify themselves as Cuban versus Cuban-American or Haitian rather than Haitian- American). At least four-fifths of every group in the study expects to complete college. Roughly 700 of students from every nationality aspire to professional or business careers. In the study, the best-positioned socioeconomic group is the one least likely to step out of the ethnic circle in its inter-personal relationships, while the group in the most disadvantaged position is most likely to do so. ,)0 Frank D. Beare, Jorge Chapa, Ruth Berg, and Kathy Sowards, "Educational and Socioeconomic Incorporation Among Hispanic Immigrants to the United States," 1991 Immigrants exhibit different characteristics than natives and retain country of origin as the group with which they most closely identify. The second generation begins to shift its language patterns and reference groups. The third generation has made the transition almost completely. For example, 84% of first generation Mexican women have been found to use only Spanish at home(Portes and Rumbaut, 1990). By the third generation, the shift to English has been nearly complete, with 84% of persons using only English at home and 12% using both English and Spanish(Lopez, 1978). This third generation also refers to the country of destination as the group with which it identifies most. Even if educational levels of more recent immigrants are declining, the experience of the immigrant generation may hold few implications for the ease with which the children and grandchildren of the immigrants will advance socioeconomically. As Chavez(1989)and others have argued, native-born Mexican-Americans may make rapid strides socioeconomically even if the prospects for the immigrant generation itself might be deteriorating. The key test of whether the native-born groups are assimilating hinges on comparisons between the second and third or later generation with non-Hispanic Whites. Kevin McCarthy and R. Burciaga Valdez, Current and Future Effects of Mexican Immigration in California,May 1986 Mexican immigrants are following the classic American pattern for integrating into U.S. society, with education playing a critical role in the process (integration being defined as the acquisition of English and familiarity with Iabor market). ?1 BIBLIOGRAPHY Bach, Robert L. and Doris Meissner, America's Labor Market in the 1990's: What Role Should Immigration Play? Washington, D.C.: Carnegie Endowment for International Peace, June 1990. Bean, Frank D., Jorge Chapa, Ruth Berg, and Kathy Sowards, "Educational and Socioeconomic Incorporation Among Hispanic Immigrants to the United States," prepared for "Immigrants in the 1990s" Conference, Washington, D.C.: The Urban Institute, June 17-18, 1991. Bolos, George J., Friends or Strangers. The Impact of Immigrants on the U.S. Economy. New York, NY: Basic Books, Inc., 1990. Coifman, Tom and Helena Sundman, "Refugee Agencies Dodge Funding Crisis," Chicago Reporter, April 1993, pp. 3-5. Comprehensive Adult Student Assessment System, A Survey of the Newly Legalized in California. Report for the California Health and Welfare Agency, Sacramento, CA, 1989. DeFreitas, Gregory, "Hispanic Immigration and Labor Market Segmentation," Industrial Relations, Vol. 27, No. 2, Spring 1988, pp. 195-214. Enchautegui, Maria, Immigration and County Employthent Growth. Washington, D.C.: The Urban Institute, August 1992. ; Freeman, Richard B., editor, Immigration, Trade, and the Labor Market. Cambridge, MA: National Bureau of Economic Research, 1988. Going to Mexico: Priced Out of American Health Care. Washington, D.C.: Families USA Foundation, November 1992. Greenwood, Michael J. and John M. McDowell, The Labor Market Consequences of U.S. Immigration: A Survey. Washington, D.C.: U.S. Department of Labor, Bureau of International Affairs, August 1990. Guide to Alien Eligibility for Federal Programs. Los Angeles, CA: National Immigration Law Center, 1992. Hogeland, Chris and Karen Rosen, Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (A Survey Research Project of Chinese, Filipina and Latina Undocrunented Women). San Francisco, CA: Coalition for Immigrant and Refugee Rights and Services, 1991. Mandel, Michael and Christopher Farrell, "The Immigrants," Business Week, July 13, 1992, pp. 114-122. 22 McCarthy, Kevin and R. Burciaga Valdez, Current and Future Effects of Mexican Immigration in California. Santa Monica, CA: The Rand Corporation, May 1986. Muller, Thomas and Thomas Espenshade, The Fourth Wave. Washington, D.C.: The Urban Institute Press, 1985. Papademetriou, Demetrios G., Robert L. Bach, Kyle Johnson, Roger G. Kramer, Briant Lindsay Lowell, and Shirley J. Smith, The Effects of Immigration on the U.S. Economy and Labor Market. Washington, D.C.: U.S. Department of Labor, Bureau of International Labor Affairs, May 1989. Portes, Alejandro and Min Zou, "The New Second Generation: Segmented Assimilation and Its Variants Among Post-1965 Youth," The Annals of the American Academy of Political and Social Sciences, November 1993. Report on the Legalized Alien Population. Washington, D.C.: U.S. Department of Justice, Immigration and Naturalization Service, March 1992. Simon, Julian, How Do Immigrants Affect Us Economically? Washington, D.C.: Center for Immigration Policy and Refugee Assistance, Georgetown University, 1985. Simon, Julian, The Economic Consequences of Immigration. Cambridge, MA: Basil Blackwell, Inc., 1989. Sorensen, Elaine, Frank Bean, Leighton Ku, and Wendy Zimmerman, Immigrant Categories and the U.S. Job Market: Do They Make a Difference? Washington, D.C.: The Urban Institute Press, 1992. Tienda, Marta and Leif Jensen, Immigration and Public Assistance Participation: Dispelling the Myth of Dependency. Madison, WI: University of Wisconsin-Madison, June 1985. Weintraub, Sidney, "Illegal Immigrants in Texas: Impact on Social Services and Related Considerations," International Migration Review, Vol. 18, No. 3, 1984, pp. 733-747. `'3 ��.` 4 ,1 � {� M Lf [ � (.,.� r/ `�,■y 'YF V"� t-, 0� q: S! w �. 3 `i - ATTACHMENT #7 RECEI V E o OCT - . _ PACIFICC"ROSSCURRENT `") — s Mandate Madness PASSING THE sucx THE POLITICS OF MEANING ON IMMIGRATION AND THE MEANING OF POLITICS ativists, open-border advocates and y now most of the hubbub over Hillary all sides in between are squaring off Rodham Clinton's "politics of meaning" for atooth-and-nail fight over immi speech back in April has begun to subside, gration. In the meantime, a quieter, high stakes but we"think that amidst the mirth this episode confrontation is brewing—not over the immigrants generated, the most salient aspects of the matter themselves,but over who should pay the costs of have been overlooked. their assimilation. The great issues of federalism Speaking at the University of Texas, Mrs. and federal mandates on state and local govern Chntori said that we must "redefine who we are as ment are revived in this controversy. Federal human;:beings in this post-modern age," which will immigration is clearly a federal responsibility. But require"remaking the American way of politics, Washington is passing the buck to the states government, indeed life." There is no doubt that immigrants make a -< However silly the "politics of meaning" may substantial contribution to our economy and our seem on the surface, it is a mistake to dismiss it as standard of living. It is true that welfare outlays`for mere rhetoric. To the contrary: the idea of a "poli- immigrants may be as high as $5 billion. But tics of,;meaning" expresses the theoretical center of immigrants earn$240 billion a year,and pay more modern "Progressive" liberalism. That center will than a third of that in taxes—$90 billion a year ` turn out to be,on close inspection,nihilistic and But there's a catch. Immigrants make most of their = tyrannical, even if gilded with soft edges. public contribution in the form of payroll taxes idea of"redefining who we are in this post- That means that nearly two-thirds of their taxes,go modern age" implies that there is no human na- directly to Washington,bypassing the state and> ture,or that whatever human nature there is local governments. y defines itself through sheer self-assertion. In other In Los Angeles County alone,illegal imxru K� `words the human soul can be transformed at will. grants generated almost$3 billion in assorted tax So for Mrs. Clinton to say that we need to revenues in 1990-91. But the lion's share of remake the American way of politics, government, funds,$1.7 billion,went straight to the federal and life is to imply that government has the right, even the duty, to change man into something he (continued on page 4) now is not. She believes that this transformation can be achieved through proper administration. IN THIS ISSUE Thi idea is not new with Mrs. Clinton. Its intellectual pedigree traces back to the Progressive Political Economy era and beyond, to the mostly German thinkers Why the Budget Is Blimped Out. . . . .. . . . . . 3 thought that history should replace nature as philosophical ground of politics. The Environment Green Vigilantes,EPA Risk Assessment, and the Lucas Case Revisited. . . . . . . . . . . . . . 6 (continued on page 3) IMMIGRATION (continued from page 1) states, but it has been a promise mainly observed in the breech. government in the form of income taxes and contri- butions to the Social Security fund. The California Conundrum America absorbed a wave of nearly 10 million newcomers in the 1980s, exceeded in numbers only The State of California, the ultimate destination by the last such wave from 1905 to 1915. Seventy- of almost half of the nation's newcomers, provides seven percent of these immigrants intend to reside the most dramatic example of how federal policy is in six states—California,Texas, New York, breaking state budgets. Beginning in 1991, Califor- Florida,Illinois and New Jersey. Not coincides- nians have experienced the three largest state tally, these states are struggling with red ink. budget gaps in American history. Federal immi- What are the costs of immigration for the gration policy has added billions to these gaps. states? Look first to the demographics. Immi- That explains California Gov. Pete Wilson's grants account for a third of all U.S. population request for a $1.4 billion reimbursement as part of growth. In California alone,immigration has his 1993-1994 state budget proposal. Wilson's fueled high birth rates, giving the Golden State an request was followed by public recognition of the average 2.2 percent increase in population every plight of the states by President Clinton in a Feb. 16 year since 1980, or a rate of population growth that speech over a live satellite feed to an economic is faster than those of China, India, Indonesia and, summit of California leaders. in some years,Bangladesh. Budget director Leon Panetta followed up on Of course, these newcomers arrive with hands March 13 with a specific promise—more than$1 to work as well as mouths to feed. But the costs of billion to help California with education, medical assimilation are huge, particularly educational care and other services for legal and illegal immi- costs,because immigrants and their families tend to grants. But the final budget that passed in June be younger than the U.S. norm. only contains $324 million in funding for Regardless of how you view this liberalized California's SLIAG costs. national immigration policy, it is the states, coun- Furthermore, the federal government has no ties and cities that must provide more social and plans to compensate the states for many other physical infrastructure for these new Americans. immigration-related costs, including the growing In the State of Illinois, the costs of providing medi- population of children of illegal aliens born in the cal services, education, corrections, welfare and United States, or citizen-children. Forty-two other services for illegal or undocumented aliens percent of all births in New York City are to iimmi- alone is almost$50 million. States are liable for grant mothers. In 1992, the County of Los Angeles other costs related to immigrants as well. counted 250,000 citizen-children of undocumented Much of this was foreseen by Congress when it parents. In fact, children born to illegal immigrants wrote the 1986 Immigration and Reform Control now account for more than 65 percent of all births Act. This mea- at county-run sure created the hospitals in Los (thousands) Immigrants Admitted to the U.S. State Legalization 2,000 g Angeles. Impact Assistance 1900 — 1991 The states find Grant (SLIAG) 1,800 another cost . program to 1,600 particularly reimburse state 1,400 galling: that of and local govern- 1,200 imprisoning ments for immi- 1,000 illegal immigrants gration-related 800 convicted of expenses ranging serious crimes. In from public 600 California alone, health programs, 400 these prisoners to public assis- 200 are costing state tante, to educa- 0 taxpayers almost tion. This was $350 million a 1900 1910 1920 1930 1940 1450 1960 1970 1980 1990 Washington's year. g Source:U.S.Immigrationand Naturalisation Service promise to the I These are just 4 some of the estimated costs borne by the states,although AFDC Expenditures for Recent no one knows the full costs of Immigrants to California immigration. For that reason, five big state governors are (millions) — appealing to President 300 ■ Refugees Clinton for relief. oThey have e r= also organized an informal 250 C7 Citizen Children ..... working group of h- (Undocumented ted nance directors t a see a 20 a Pare nt s ) mm co onfiniti de onf o costs "However you feel el abo t 15 0 .........:..... r `mmi 1 atson said s a budget' t official in one of the affected 100 < states, "it is a nationalP olic Y r fo which�c h th fed eeralv rn- go e 50 ment has financial responsi- . : bility. Period." p 87/88 88/89 89/90 90/91 91/92 92/93 93/94 —By Mark Davis, PRI Public (Fiscal Year) Source:California Department of Finance Affairs Fellow Political Economy only lagged badly behind the nation as a whole in terms of growth in capital expenditures; it has CALIFORNIA: ' actually experienced a negative growth rate since WHY NOTHING GETS BUILT 1975. This trend is all the more astounding when one considers that in the 1960s, the state tax burden in Ever wonder why California is unable to California amounted to about 4.8 percent of per- provide new roads,schools,sewers, water supplies, sonal income. Today, the state tax burden is over 8 and other kinds of public works necessary to percent of personal income, yet the state cannot accommodate the state's rapid growth? A recent afford the kind of public works it used to. report from the California Council for Environmen- We think this trend exposes in dramatic fashion tal and Economic Balance (CCEEB)contained some the disproportionate shift of public resources into illuminating numbers. The chart at the lower right social spending that has taken place in the last shows the precipitous decline in capital expendi- generation. tures as a portion of total spending in California over the last generation. Our own research re- vealed that state spending for road building alone Capital Outlay as a % of State Spending has declined from 16 percent of the state budget in in California 1963 to about 5 percent today. As the table below shows,California has not 25.07o- 20.0 Growth Rate of State & Local 15.o9a nx Capital Investment 10.0 California I 5.0% 1961-1988 .34%/yr 1.76%/yr 0.0 17. 7975-7988 -1.4%/yr .46%/yr 1950 1955 1960 1965 1970 Source:Douglas Holtz-Eakin,Regional Science and Urban 1975 1980 1885 Economics,April 1993 Source:CCEEB 1990 5 ATTACHMENT #8 Senate Bill No. 691 CHAPTER 818 An act to add Section 53069.75 to the Government Code, relating to immigration, and declaring the urgency thereof, to take effect immediately. [Approved by Governor October 4, 1993. Filed with Secretary of State October 5, 1993.) LEGISLATIVE COUNSEL'S DIGEST SB 691, Kopp. Law enforcement: immigration matters. Existing state law makes no express provision concerning the cooperation of law enforcement officers with federal government agents on immigration matters. This bill would provide that no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States Immigration and Naturalization Service any person, pursuant to federal law or regulation,who is arrested and booked for the alleged commission of a felony and who is reasonably suspected to have violated the civil provisions of the federal immigration laws. . This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows. SECTION 1. Section 53069.75'is added to the Government Code, to read: 53069.75. In order to comply with state law requirements mandated by Section 3753 of Title 42 of the United States Code, which bases eligibility of federal grants under the Omnibus Control and Safe Streets Act, no local law shall prohibit a peace officer or custodial officer from identifying and reporting to the United States ��'Ot8lklci i6R Immigration and Naturalization Service any person, pursuant to federal law or regulation, to whom both of the following apply: (a) The person was arrested and booked,based upon the arresting officer's probable cause to believe that the person arrested had committed a felony. (b) After the arrest and booking in subdivision (a), the officer reasonably suspects that the person arrested has violated the civil provisions of the federal immigration laws. SEC. 2. This act is an urgency. statute necessary for the immediate preservation of the public peace, health, or safety within the meaning-of Article IV of the Constitution and shall go into immediate* effect. The facts constituting the necessity are: In order to guarantee continued federal support for local law enforcement activities, it is necessary that this act take effect 94 110 Ch. 818 immediately. O 94 110 Senate Bill No. 733 CHAPTER 819 An act to add Sections 9601.5 and 9601.7 to the Unemployment Insurance Code, relating to employment. [Approved by Governor October 4, 1993. Filed with Secretary of State October 5, 1993.] LEGISLATIVE COUNSEL'S DIGEST SB 733, Russell. Employment: unemployment insurance: employment services. Existing law does not provide procedures for government and private agencies providing employment services to verify the legal status or work authorization of every individual prior to providing services to these individuals. This bill would require each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to, job training, retraining, or placement, to verify an individual's legal status or authorization to work prior to providing services to that individual in accordance with procedures established under federal law. It would specify that, for purposes of these provisions,proof of legal status or authorization to work includes, but is not limited to, a social security card, immigration visa,birth certificate,passport, or other valid document providing evidence of legal residence or authorization to work in' the United States. It would also specify that those provisions requiring verification of an individual's legal status or authorization to work prior to providing employment services shall not apply to employment services offered by school districts under secondary school and adult education programs. This bill would require each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to, job training, retraining, or placement, pursuant to these provisions, to post in a prominent location in the workplace a notice stating that only citizens or those persons legally authorized .to work in the United States will be permitted to use the agency's or organization's employment services that are funded by the federal or state government, as specified. This bill would provide that if any provision of the bill or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the bill that can be given effect without the invalid provision or application. 92 90 Ch. 819 —2—' The people of the State of California do enact as follows. SECTION 1. Section 9601.5 is added to the Unemployment Insurance Code, to read: 9601.5. Each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to,job training, retraining, or placement, shall verify* an individual's legal status or authorization to work prior to providing services to that individual in accordance with procedures established under federal law. For purposes of this section,proof of legal status or authorization to work includes,but is not limited to, a social security card, immigration visa, birth certificate,passport, or other valid document providing evidence of legal residence or authorization to work in the United States. This section shall not apply to employment services offered by school districts under secondary school and adult education programs. SEC. 2. Section 9601.7 is added to the Unemployment Insurance Code, to read: 9601.7. (a) Each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that enters into an agreement with the department to provide employment services including, but not limited to, job training, retraining, or placement, shall post in a prominent location in the workplace, a notice stating that only citizens or those persons legally authorized to work in the United States will be permitted to use the agency's or organization's employment services that are funded by the federal or state government (b) The notice shall read: NOTICE: Attention All job Seekers The Immigration and Reform Control Act of 1986 (IRCA) requires that all employers verify the identity and employment authorization of all individuals hired after November 6, 1986. An employer is required to examine documents provided by the job seeker establishing identity and authorization for employment in the United States. In addition, it is a violation of both state and federal law to discriminate against job seekers on the basis of ancestry,race, or national origin.This agency provides employment services funded by the federal or state government that are available only to individuals who are United States citizens or who are legally authorized to work in the United States. SEC. 3. If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application,and to this end the 92 130 —3— Ch. 819 provisions of this act are severable. It y :e S, .t, )r h is is h if is A :e y :e .e A a Y d O s e �s n is 'r :e �l d :o .Y :o A :n to 30 92 130 Senate Bill No. 976 CHAPTER 820 An act to amend Section 12800.5 of,and to add Sections 12801.5 and 14610.7 to, the Vehicle Code, relating to residency. [Approved by Governor October 4, 1993. Filed with Secretary of State October 5, 1993.] LEGISLATIVE COUNSEL'S DIGEST SB 976,Alquist. Drivers'licenses: identification cards: citizenship or legal residence. (1) Existing law requires every application for a driver's license or identification card to contain specified information. This bill would require the Department of Motor Vehicles to require every applicant for an original driver's license or identification card to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. The department would be prohibited from issuing an original driver's license or identification card to any person who does not submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. The bill would require the department to adopt regulations to carry out these requirements,including procedures for (1) verifying that an applicant's presence in the United States is authorized, (2) the issuance of temporary licenses pending that verification, and (3) appeals hearings from denials of licenses. The bill would require the department,not later than March 1, 1994,to report to the Legislature on the feasibility of entering into agreements with the Immigration and Naturalization Service to electronically verify the alien registration number of applicants. The bill would require the department each year to submit a specified supplemental budget report to the Governor and the Legislature. (2) Existing law prohibits the operation of a motor vehicle by an unlicensed person. This bill would prohibit a peace officer from detaining or arresting a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe that the driver is under the age of 16 years. (3) Existing law makes it a misdemeanor for any person to,among other things, knowingly make any false statement in any document filed with the department. This bill would make it a misdemeanor for any person to knowingly assist in obtaining a driver's license or identification card for any person whose presence in the United States is not authorized under federal law. Because the bill would create a new crime, it would impose a 94 90 Ch. 820 —2— state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 12800.5 of the Vehicle Code is amended to read: 12800.5. (a) A license issued after January 1, 1981, shall bear a fullface engraved picture or photograph of the licensee. (b) A license issued on or after July 1, 19951 including a temporary license issued pursuant to Section 12506, shall bear the following notice: "This license is issued solely as a license to drive a motor vehicle in this state; it does not establish eligibility for employment, voter registration, or public benefits." (c) The department may demand proof of age prior to the issuance of a license. SEC. 2. Section 12801.5 is added to the Vehicle Code, to read: 12801.5. (a) Notwithstanding any other provision of law, the department shall require every applicant for an original driver's license or identification card to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. (b) The department shall not issue an original driver's license or identification card to any person who does not submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. (c) The department shall adopt regulations to carry out the purposes of this section,including procedures for,but not limited to, (1) verifying that the applicant's presence in the United States is authorized under federal law, (2) issuance of temporary licenses pending verification of status, and (3) appeals hearings from denials of licenses or temporary licenses. (d) The department shall, not later than March 1, 1994, submit a report to the Legislature on the feasibility and costs of entering into an agreement with the United States Immigration and Naturalization Service to electronically verify the alien registration number of those applicants who are residents who have been issued such a number, and to manually verify the status of those applicants who have not been issued such a number. (e) On January 10, 1995, and on January 10 of each subsequent year thereafter, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver's 94 140 -3— Ch. 820 licenses and identification cards, in order for the state to request ie reimbursement from the federal.government. 1e (f) Notwithstanding Section 40300 or any other provision of law, it a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has is reasonable cause to believe the person driving is under the age of 16 years. (g) The inability to obtain a driver's license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle :o laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. a (h) This section shall become operative March 1, 1994. SEC. 3. Section 14610.7 is added to the Vehicle Code, to read: T 14610.7. It is a misdemeanor for any person to knowingly assist in Ig obtaining a driver's license or identification card for any person )r whose presence in the United States is not authorized under federal ,,t, law. SEC. 4. No reimbursement is required by this act pursuant to to Section 6 of Article XIII B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, to changes the definition of a crime or infraction, changes the penalty .'s for a crime or infraction, or eliminates a crime or infraction. to Notwithstanding Section 17580 of the Government Code, unless al otherwise specified in this act,the provisions of this act shall become operative on the same date that the act takes effect pursuant to the )r California Constitution. y !d to o, is !�s Is a to td ►n A is at et of -s 40 94 160 ATTACHMENT #9 CONTRA COSTA COUNTY RECEIVED Gerald S.Buck Probation Department Contra County P obation Officer Administrative Offices Costa OCT 13 I<19C3 50 Douglas Drive,Suite 201 County Martinez,California 94553-8500 (510)313-4180 OFFICE OF I (510)313-4191 FAX �` ' °' COUNTY ADMINISTRATOR To: - R -- Date: 10/12/93 Claude L. Van Marter, 40= Asst. County Administrator ��STq cbirT LTJ From: Subject: Gerald S. Buck, Data Regarding Cost of Coun y Probation Officer Providing County Services to Illegal Aliens We do not keep any statistics on services provided in relation to illegal aliens or immigrants, so all I can do is offer some anecdotal and experiential feedback. There are undoubtedly a number of immigrants and illegals that find their way into our caseloads without our knowledge. Juveniles detained and committed to facilities and adults and juveniles under our supervision must include these individuals . In most situations it matters little to us as they've been arrested/convicted and ordered to be under our supervision by the Courts we serve. If we have a juvenile in Juvenile Hall who appears to be an illegal alien, we notify INS (Immi.gration and Naturalization Services) and occasionally they can establish the status of the individual and take custody. We are particularly concerned if an illegal alien minor is declared a ward and ordered placed into foster care. In such cases Contra Costa County must pay 100% of foster care costs which could be up to $40,000 per year. In such cases we first try to keep them from being ordered placed and, if they are, we work with INS to establish status and deportation. Immigrants with legal status are eligible for AFDC and we have several of these wards under our care, but we don't keep a tally so I 'm unable to establish cost. All in all, the cost to Probation for services to immigrants and illegal aliens is quite negligible, I believe. This could change as immigration trends change. A few years ago we almost never saw an Asian in our facilities . Now they represent nearly 10% of our residents . We do not know how many are immigrants versus second generation or third generation Americans . Most, we believe, are U. S. born second generation Southeast Asians . C. L. Van Marter - 2 - 10/12/93 You also asked if we had any additional information. I 've attached a position paper on the impact of criminal aliens, in Los Angeles . The National Association of Probation Executives (NAPE) has endorsed the Los Angeles position via resolution by its Board on September 18, 1993. Finally, you asked if we restrict our services by law or policy. We do not, but we do work with INS in matters of illegal alienship. GSB:ds Attachment COUNT WIDE CRIL'INLL JUSTICE COOr.==zATIOIZ CO?).:T'EP (CWCC) IAS ANCELRS COMMY In Los Angeles Count), a justice system-hide committee has been formed to address problems of crime, gang violence, court congestion, and jail and juvenile fdcility overcrowding. The problems and possible solutions are complex and cut across departmental lines. The committee is n top level, =ultS-jurisdictional advisory body convened to improve the justice systea, through greater cooperation and coordination. It includes in its membership, heads of all local criminal justice agencies, judges, chiefs of police, along with school officl&ls, elected County and city officials, and local heads of Federal agencies. The committee is 'headed by the Chairman of the jurisdiction's Board of Supervisors. The Committee benefits the system by its ability to: (1) provide a foram for discussion of issues and sharing of information; (2) foster cooperative efforts toward solution of mutual problems; and (3) increase mutual respect and cooperation at policy making levels through personal contact. system-wide strategies are developed and implemented faster and more effectively because they are a result of mutually agreed upon departmental decisions. 'i s POS, 104N PAPEF, i IMPAC: OF CRIMINAL ALIENS ON LO:,AL GOVERNMENT Awrii 4i, �?93 %Ounw o` L--_. Angeles Countv�,iae 'rirn.na! J:. C-0 Ccor,.nation Committee The criminal justice system in Los Angeles County, the State of Calttomia, and to a similar extent, many other states, has been vonificantly impacted by criminal aliens, immigrants who have entered the United States unlavduliy and commit crimes while in the country. Based on recent research, it has been documented that criminal aliens, rn any given time, constitute approximately 11% of the Los Anoeies County Jalt population, resulting in over S75 miMon a year in local justice systern costs. This problem hnwever, is one over which Los Angeles County and other local jurisdictions throuonou; the nation have virtually no control. Deportable cnminat aliens are a Federal responsibifrty demanding direct and ' immediate relief to state and local governments. CRIMINAL ALiEN IMPACT ON THE COUNZY Convicted criminal aliens have added greatly to the local costs and operational burden of the County's already crowded jails and congested court system. This impact on the local justice system was documented in two studies conducted. by the Countywide Criminal Justice Coordination Committee (CCJCC) through the cooperative eftor►s Of the immigration and Naturalization Service (iNS) and the Los Angeles County Sheriff. The first study, "Criminal Aliens in the Los Angeles County .tail Population" was a comprehensive study of the County's jai! population conducted during a one-month period in 1090. Q the 17,717-= inmates trtmt were pari of that one-month study, 11% (1,533) were identified as dpDortable criminal aliens under current immiaraticn laws. C. these deportable aliens, 75°. had been convicted of felonies, 41%of which were drug taw vioiations and 35%for crimes aaains perso Many had been previously dam ter and over 21% Of, the identified ceportabie aiiens in the study were csportabie bared on Past convictions_ From this first study, it is estimated the: over 23,000 depormbte aliens pass tnrouah the Courny's jus-ace system annually. The se=^,,study,"impart ccf Repent Arrests Of Deportable Criminal Aliens in Los Angeles County', targeted the group of 1,09M deportabie aliens identified in the first study, and examined their criminal records for a one vear period foliowino their release from custody. The fotiow-up study detemtinea that over 50% of these defendants were resumed by Federal officials to their country of origin by ejiher voluntary removal or, ceportetion. Yet, almost 80%of those persons who had been returned to said country of origin had Ellegahy re-entered the United States and had been rearrested within one year of release, wish 57% of the rearrests occurring in L.os Angeles Cburrty. -- supporte4 Vic annendrnert:G`femero.sernaric,n g;JldsJine:,M pc-rni! more severe: sentencing for re-entry vidatons of aggravated teiens which ha: resuhed in signs antiy increased pnson sentences Tx triose comnmed; -- Dedcated lora! and federal resources to assist the County in idernitying and oocumentng the severity of the criminal alien probiom in its jail population and the costs to the local criminal justice system; — Provided access to court conviction documents to expedite deportation prooeedings tar convicted criminal aliens; and Implemerned the institutional Hearing Program at the County ,Jail under which immigration Judges conduct deportation hearings for convicted criminal aliens before they are released from Court, custody, the first program cf its kind to be conducted in a County jail FEDERAL RESPONSiB TY Immigration policy is established by the Federal government and., as such, aliens who illegally enter the United States and commit crimes are a national problem and the responsibility of the Federai government., Some initial steps to address the issue have been taken. For example, Congress has taken action tc strengthen Federal efforts targerting criminal aliens. The Anti Drug Abuse A.^t of 1988 and the Comprehensive Crime uon=I Acct ofl-IMI both cornain specmc provisions to intensify Federal law enforcement eftom aimed M. imp;ovhg idenftatbn and expediting deportation of criminal aliens. Simiiar provisions, as well as other related reforms, have been incorporated into the Immiamztion A= of 1990. Although these legislative responses have eliminated or diminished cerain legal defrc:ienries in the immioration lav,, they have nm been accom=panied by an adequate commitment of, funds or manpower needed for full implementation in those regions and lora'jury:irl:*ons the.are r:nost swerely imparted by criminal aliens. These reforms have also jailed to provide f aai re ie`to state and to cai governments that have had to bear a disproporti= share of justice sysmm costs due to criminal aliens. NESS FOR FEDERAL LEGI5lAT10N Legislation is needed to establish Federal, responsib±?rty for #reportable criminal aliens_ However, remedial actions and relief should not be limited to state level government 1nra!jurisdictons,who are most heavily impacted by criminal aliens,should receive dire= 2ssistance as they sustain the major portion of overall justice system frosts. The provisions for t 1ture legistation recommended below are consistent with tate =01 ons adopted by the Los Angeles County Board of, Supervisors and the NAPE NATIONA: ASSO--iATIDN, 0: PR35,4TiDN cXE-JTIV=c 50 Douglas Dr. , Suite 201 Martinez, CA 94553-8500 (510) 313-4180 September 30 , 1993 Mr. Barry J. Nidorf Chief Probation Officer Los Angeles Co. Probation Dept. 9150 East Imperial Highway Downey, CA 90242 Dear Barry, The Board of Directors of NAPE has reviewed and discussed the position paper, "Impact of Criminal Aliens on Local Government" by the Los Angeles County Criminal Justice Coordination Committee. The Board unanimously voted to adopt a position of support for the Los Angeles County position on September 18 , 1993 . Please feel free to use NAPE 's name in support of the position =" and any legislation which promotes resolution of the problems outlined. Sincerely, Gerald S. Buck, President GSB:ds BOARD OF DIRECTORS: President Gerald S.Buck, Caldomia- Vice President Ronald P.Corbett.Jr.,Massachusetts- Treasurer Dave Savage,Washington-SecretaryDan R.Beto,Texas-Immediate Past President Donald Cochran,Massachusetts-Regions:New England John Gorczyk,Vermont-Mid-Atlantic Richard A.Kipp,Pennsylvania-Central John J.Robinson,Illinois-SouthemT.Vince Fallin,Georgia - Westem Elyse Clawson,Oregon-At Large.Don Stiles,Arizona- Robert Bingham, Illinois MEMO TO: Claude Van Marter, CAO' s Office FROM: Steve Weir RE: Services to Illegal Aliens DATE: October 14, 1993 I have reviewed your memo of October 7, 1993. The only possible service costs associated with illegal aliens would be in the Clerk' s Office (Clerk of Superior Court) . Many people file fee waivers. It is possible that illegal aliens may be involved in litigation and may file for a fee waiver. This would have a cost consequence on the whole court structure. However , I do not know how we could quantify that impact. My gut feeling is that such a person would avoid the courts. When there is a fee waiver, we do ask for proof of eligibility which could include : Food Stamp, AFDC, Medical Card, GA. In addition, if an illegal alien registers to vote, they impact our operations financially by a per voter cost. This number is in the range of two to three dollars per election. Again, my gut feeling is that we do not have reason to suspect a problem in this area. CONTRA COSTA COUNTY�-� RECEIVED r OCT ism � OFFICE OF "''T`` ADMIP41STRATOR Contra Costa County The Board of Supervisors HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Tom Powers, 1st District Jeff Smith,2nd District Mark Finucane, Director Gayle Bishop,3rd District 20 Allen Street Sunne Wright McPeak,4th District EE Martinez,California 94553-3191 Tom Torlakson,5th District Nil510 370-5003 ( ) FAX(510)370-5098 County Administrator / - Phil Batchelor County Administrator rA couiarr' DATE: November 4, 1993 TO: Claude L. Van Marter Assistantounty A 4trator FROM: Mark Finucane Health Services Director SUBJECT: DATA REGARDING THE COST OF PROVIDING COUNTY SERVICES TO ILLEGAL ALIENS In an October 7 memo to me, you requested data regarding the cost of providing county services to illegal aliens. Unfortunately, there is not much hard data available regarding health services. We had previously been targeted to receive about $2 million from the federal government (SLIAG fund) to pay for health services for newly-legalized immigrants under the 1986 Immigration Reform and Control Act amnesty program. These individuals were presumably previously undocumented individuals, but they by no means comprise the total population of undocumented persons. As you know, we have not received full reimbursement under SLIAG despite repeated attempts by our Congressional delegation. The SLIAG funds were supposed to compensate state and local programs for five years for services provided to this population of newly-legalized immigrants, since they were not eligible for Medicaid. With regard to Medicaid, a 1986 federal law specified that undocumented persons are only eligible for Medicaid reimbursement for emergency medical services, including labor and delivery. However, in 1988, the state enacted a law to provide a wider scope of services, such as follow up and continuation care. These additional services were paid for by the state alone and did not receive federal cost-sharing. The state estimated that in this fiscal year, $1 billion will be spent on providing Medi-Cal services to illegal aliens. That led to the enactment last year of a law repealing the law that expanded the scope of benefits so that the state and federal laws are consistent. Undocumented persons are not covered under Clinton's health care reform proposal. Therefore, they will likely continue to.be the responsibility of the county health system when Merrithew Memorial Hospital&Clinics Public Health • Mental Health • Substance Abuse • Environmental Health Contra Costa Health Plan Emergency Medical Services • Home Health Agency • Geriatrics A-345 (2/93) they seek emergency care in the clinics or hospital. Because so little is known about this population, Lewin-VHI and the Kaiser Family Foundation will be conducting a study to collect and analyze data regarding health services provided to undocumented persons. It will address their use of health care services, the cost of providing these services and the relevant sources of financing. The study will also develop general demographic and socioeconomic characteristics of the population, including country of origin, language, age, gender, employment history, etc. In addition, it will develop options to deal with the financing and delivery of health services to this population. Unfortunately, collection of this information will be some time in coming. With regard to the cost of providing care to legalized immigrants, we do not separate that data out. However, because of the language needs of many immigrant populations, we do provide ethnic specialty clinics at the Richmond, Martinez and Pittsburg clinics. These weekly clinics are offered in Asian, Afghani, Lao, Vietnamese languages. About 725 visits per month are provided through these clinics. If you have any additional questions, please let me know. k.T Community Services DepartmentChild Development 374-3994 Contra Head Start 646-5540 Communty Action 313-7363 Administration Costa Food Service 374-3850 1220 Morello Avenue, Suite 101 Martinez,California 94553-4711 County Housing and Energy 646-5756 PATHS 427-8094 (510)313-7350 Fax: (510)313-7385 .loan V.sparks, _= CONTRA COSTA COUNTY I Director RECEIVED;, ,;a e erq_cdur'r` `~ OCT 2 O i99Q October 20, 1993 " OFFICE OF kI COUNTY ADMINISTRATOR To: Claude Van Marter,Assistant County Administrator From: Joan Spark irector CSD Subject: DATA ON COST TO CSD FOR SERVICES TO ILLEGAL ALIENS Housing and Energy Division and Community Services Block Grant Programs: Both the Housing and Energy Division and the CSBG Division provides no services to illegal aliens. Applicants for these services must complete a state of California form #2080912 certifying if their eligibility for program benefits, please see attachment. The Division does not separate immigrants who are legally in this county from nationalized citizens or U.S. born citizens. Therefore we have no data available on the costs to CSD to provide services to immigrants or illegal aliens. Head Start and Child Development Divisions: The Head Start Program and Child Development divisions do not inquire at the time of enrolling children whether they are illegal or legally in this country. Therefore we have no data available on the costs to CSD to provide services to immigrants or illegal aliens. PATHS Project: The PATHS Project does not require certification of citizenship when assisting homeless or potential homeless clients. Therefore we have no data available on the costs to CSD to provide services to immigrants or illegal aliens. The Board's resolution to establish a Newcomer Task force is a good idea, however, it appears to me a duplication of the Human Relations Commission's mandate. Please call me if you have any concerns or need any additional information. Affirmative Action/Equal Opportunity Employer P.02 OCT-14-93 THU 8:13 Attachment 2 APPLICANT NAME TO: APPLICANTS FOR LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIBEAP) DEPARTMENT OF ENERGY (DOE) OR COMMUNITY SERVICES BLOCK GRANT (CSBG) BENEFITS The Immigration and Nationality Act as amended by the Immigration Reform and Control Act of 1986 states that certain legalized aliens are temporarily disqualified from receiving benefits under these three programs. Special Agricultural workers (SAWs) and individuals eligible for SSI (aged, blind, disabled) continue to be eligible. If someone in your household has been granted legalized status, you may still be eligible .for program benefits, if you meet other criteria. In order to comply with this requirement, please make a chock in the box below in front of the statement that applies to your household. ❑ 1- certify that no member of this household has been provided legalized resident status according to Sections 245A (Amnesty or Legalization) or 210A (Replenishment Agricultural Workers) of the Immigration Reform and Control, Act of 1986. ❑ I certify that a member of my household has been provided legalized resident status according to Sections 245A (Amnesty or Legalization) or 210A (Replenishment Agricultural Workers) of the Immingration Reform and Control Act of 1986 AND THAT THE NECESSARY INFORMATION ON INCOME AND HOUSEHOLD XCHdIERS Us BEEN PROVIDER. ❑ Five year period of exclusion from eligibility for program services has not been completed. ❑ Five year period of exclusion from eligibility for program services expired DATE OATS APPLXCANt P 151=&TVRE 2o�a731 J• IU ATTACHMENT #10 To: BOARD OF SUPERVISORS , Contra FROM: Supervisor Jeff Smith 1," COSta ;;- County DATE: October S, 1993 SUBJECT; RESOLUTION OPPOSING ANTI-IMMI RATION PROPOSALS AND SUPPORTING THE INCLUSIVE PROCESS 1 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)i BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: To adopt attached resolution opposing anti-immigration proposals and supporting inclusive process. REASONS FOR RECOMMENDATION AND BACKGROUND: During this past year the Governor and some legislators have proposed severe restrictions on immigration suggesting that we cannot afford to sustain the same level of immigration that we currently have. All the evidence shows, however, that immigrants in our society are more of an asset than a liability. CONTINUED ON ATTACHMENT: _YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR COMMITTEE ..APPROVE -OTHER i SIGNATUREIS): 1 ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER 1 VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE -UNANIMOUS(ABSENT + AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC:. Supv. Jeff Smith: attn Nancy I ATTESTED Maria Alegria and Grepry Kepferle' PHIL BATCHELOR,CLERK OF THE BOARD OF via Supv. Smith s office SUPERVISORS AND COUNTY ADMINISTRATOR Administration IN RECOGNITION OF OPPOSING ] RESOLUTION NUMBER ANTI-IMMIGRANT PROPOSALS/ SUPPORTING INCLUSIVE PROCESSES] WHEREAS, Contra Costa County has always been an ethnically diverse county, including the contributions of a rich mosaic of Immigrant communities; and WHEREAS, during these difficult economic times , immigrants, ethnic minorities and poor families and children have become scapegoats for the state's financial problems; and WHEREAS, extensive state and national research demonstrate that immigrants are a powerful benefit to the economy, as well as contributing more in taxes than using in public services; and WHEREAS, border control and immigration enforcement are being used at times against documented and undocumented entrants in an unjust manner, while denying the right to appeal asylum violates the International Covenant on Civil and Political Rights; and WHEREAS, denying children of undocumented immigrants citizenship, health care, education, and social service violates fundamental Constitutional and civil laws ar;d principles, and would create greater health and safety burdens for residents of Contra Costa County; and WHEREAS, requiring a national identification card will encourage discrimination against residents on the basis of name, language, ethnicity, and color, creating a permanent underclass; and WHEREAS, effective immigration policies must address the issue of economic development of countries of origin as well as effective enforcement of labor laws in the United States; NOW, THEREFORE, BE IT RESOLVED, that the Contra Costa County Board of Supervisors does hereby reject punitive policies and proposals that prohibit citizenship to children born in the United States; and BE IT FURTHER RESOLVED, . that the Contra Costa County Board of Supervisors rejects imprudent policies and proposals to prohibit access to necessary health care and education currently required by law -for the public health and welfare of residents of Contra Costa County; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors rejects the proposed national identity card as discriminatory and placing an undue burden on county staff to operate as de facto agents of the Immigration and Naturalization Service; and i BE IT FURTHER RESOLVED, that th� Contra Costa County Board of Supervisors rejects proposals r stricting the right of asylum appeal; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors opposes the pending bills in the California Legislature that would further restrict the rights of immigrants and refugees residing in California, and directs its State Lobbyist to actively oppose these proposals; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of. Supervisors does establish a Newcomer Task Force to study the need and contributions of immigrants, the effects of immigration on Contra Costa County, and to recommend positive policies for the greater health, safety, and welfare of all residents of Contra Costa County. INTRODUCED BY: JEFF SMITH ! Supervisor, District II J Witness my hand and the seal of the Board of Supervisors affixed this 5th day of•October, 1993. Phil Batchelor, Clerk of the Board of Supervisors and County Administrator. BY Deputy Clerk New Calif' 01• 111a Coalitioll NCC New Iminigrant Fact Sheet f Contrary to the popular opinion that new immigrants have a negative impact on the economy, here are some facts about the contributions that new immigrants make to their new home: ® Los Angeles' immigrants pay substantial federal, state, and local taxes - a total of $4.2 billion in 1992. (Source: "L.A.'s immigrants: Today's'problem,'tomorrow's answer" by Richard Rothstein, Economic Policy Institute) According to the U.S. Bureau of Labor Statistics (1985), immigrants come here to work, not to go on welfare, and use SUBSTANTIALLY LESS services than people born in the U.S.. Immigrants make up 22 pement of California's population but are only 12% of the population receiving AFDC. (Source: California State Department of Finance 1991-92) Immigrants, over their lifetime, pay $15,000 to $20,000 more in taxes than they receive in government benefits. (Source:Julian Simon, The Economic Consequences of Immigration, University of Maryland, 1989.) ® Approximately 11 million immigrants are working, earning $240 billion a year, and pay more than $90 billion in taxes...outweighing by far the $5 billion that Immigrants receive in welfare. (Source: Business Week, July 13, 1992) IN Many of the United States' new businesses are started by new immigrants. Between 9°2 and 1987, Hispanic businesses grew 81% and Asian American businesses grew 89%. In 1987, California's Vietnamese Americans operated 11,855 firms and produced $665 million in revenue. (Source: U.S. Census Bureau) Latino males are more likely to have jobs or to seek work than other Americans, yet employed Latinos are more likely to be among the nation's working poor. (Source: "State of Hispanic America', National Council of La Raza) ® Although undocumented immigrants are ineligible for almost all public benefits, Including unemployment and social security, they are required to pay into these programs through taxes and payroll deductions. ® John D. Kasarda, a sociologist at the University of North Carolina at Chapel Hill states: "there is substantial evidence that immigrants are a powerful benefit to the economy, and very little evidence that they are negative." (Source: Business Week, July . 13, 1992) Business Week (July 13, 1992) reports: "They [immigrants] are invigorating the cities and older suburbs by setting up businesses, buying homes, paying taxes, and shopping at the corner grocery store." ^ ^ . . --'- - pepWations through the multiplier effect. •z A-6 %lonA.w.'�eptr lwt 17, 1993 * -- - —- -------- -,'��. i. k A N r l e, Lxpto,,1;rts say o - - s - m a ■ -invest in its r become more competitive in a their predecessors, and many hold Rather than krhfing global economy — and the educe- several part-time jobs to make i. tion of immigrants should be a con- ends meet. multiculturalism, scious part of that so they can Julia Koppich, deputy director • prepare to move into higher-pay- of Policy Analysis for California society could be ing,higher-tech jobs,for their own Education, a UC-Berkeley and sakes as well as for the rest of Stanford project, says California using newcomers society,experts say. has trouble viewing newcomers as to mutual benefit . a resource' `Immigrants aren't going to leave' By Susan Ferric Abel Valenzuela, a Massachu- `Enraged debates' OF nE Exp GTW setts Institute of Technology- 'Imagine if we took folks who - trained urban planner, says: "Im- were native Spanish speakers and _- The most comprehensive U.S. _migrants aren't going to leave.We put them in support positions in Census study ever on Americas can attempt lessen-ffie flow.But language classes (for American- immigrants confirms conventional what are we going to do with the born students),"she says."Instead, wisdom:Most immigrants who ar- immigrants here?If we don't start we have these enraged debates over rived during the 1980s were Latin training them and investing in whether kids should speak more Americana, poorly educated with them,what's it going to mean 10 to than one language." limited English,yet willing to work 15 years from now when people like In Denmark, she says, students hard in undesirable jobs. you and me will retire and need must speak another language to California, home to 23 percent Social Security?" even get into college. of the nation's immigrants,should ' Turn-of-the-century European If California were more serious use the census as a guide to shape immigrants, many of them illiter- about having its students learn sec- immigrant-friendly policies that ate or unskilled,were funneled into and languages, Koppich suggests, will prepare the state for theMst the type of manufacturing jobs immigrants could serve as tutors. century,social analysts say. that no longer exist in the United Koppich says it isn't helpful to The state needs to upgrade the States, Valenzuela said. Today's be "Pollyannaish" about immi- skills of its entire work force to-- immigrants are paid even less than grants and deny the challenges-- Y , Y rr 1 NAhlIN1.lt • t + The number el recent ,:n;pran!s cr the United Slates,conivared with the number of imm crants of longer residence Immigrants Immigrants Total No.of between Total No.of between Birthplace Immigrants 1987-90 Pct. Birthplace immigrants 1987-90 Pct. .japan 290.128 102.754 35.4 Mexico 4,29S,014 803,730 18.7 Nicaragua X3,.4.659 55,412 32.8 t=rance 119.233 18.583 15.6 Soviet Union 333,725 93,156 27.9 Vietnam 543,262 84,676 15.6 Guatemala 225.739 54,934 24.3 Philippines 912,674 141,806 15.5 1 1 El Salvador 465,433 98,497 21.2 Colombia 286,124 43,014 15.0 China 529,837 .-110.123 20.8 Cambodia 118,833 11,843 10.0 Africa 363,819 74,701 20.5 U.K. 640,175 61,045 9.5 Laos 171,577 34,978 20.4 Ireland 169,827 16,023 9.4 India 450,406 88,179 19.6 Germany 711,929 36,958 5.5 Korea 568,397 109,607 19.3 All 19,767,316 3,136,930 15.9 SotJKiCE:199h US.fR11W5 t teachers face instructing the child- cuts.More than 25,000 adults take immediate family members to le- __--ren of poor Latin Americans and them class o---- gally join relatives who had re- Southeast Asians. "The investment we make is ceived amnesty in 1987. Nonetheless,she says,the state paid for in the students being able "This is not the undocumented is not doing enough to prepare im- to open their own businesses,"said we're talking Pbnut here," Walker migrants for the future. Nina Gibson, chairwoman of the said. "California is a multiculture. college's ESL Department. Until we learn how to realize Turned away from English classes "They're paying taxes now, but at the potential of this strength,it will At San Francisco City College, low-paying jobs." be regarded as a problem." for example, an average of 6,000 Between 1987 and 1990, more people per semester are turned than 800,000 Mexicans entered the away from English as a Second United States -the largest num- Language classes because of budget be of any immigrant group. The Biological survey migration followed more than 1.3 million Mexicans who immigrated office to be set Up between 1980 and 1987, according to a Census Bureau study on for- MI-ASM0Eir"11 eign-born population released last DALLAS _. The federal gov- week' ernment is about to set up an office According to the census, only to detect environmental problems about 26 percent of Mexican immi- before they become massive policy grants who entered during the late headaches. 1980s had a high school education or more. About 84 percent said The National Biological Survey, they could not speak English well, as the office will be called,will hire Their average age was 21. scientists to research diversity and Professor Wendy Walker, of ecosystems and to identify species UC-Berkeley's School of Social before they are endangered.In tiie- Welfare, says the influx of Mexi- ory, it will be modeled after the cans between 1987 to 1990 was U.S. Geological Survey, one of probably a result of the family-uni- eight Irureau4 under the Depart- fication program, which allow-d mrnt of the Interior. ATTACHIENT #11 TH E BOARD OF SUP E RV 2 S 0 RS OF CONTRA COSTA C OUNTY CAL=FORN=A RESOLUTION NO. 93/ IN OPPOSITION TO ANTI-IMMIGRANT PROPOSALS WHEREAS, Contra Costa County has always been an ethnically diverse county, including the contributions of a rich mosaic of immigrant communities; and WHEREAS, during these difficult economic times immigrants, ethnic , minorities and poor families and children have become scapegoats for the State's financial problems; and WHEREAS, the cultural diversity of-Contra Costa County and the State of California have contributed greatly to the strength of our society; NOW, THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA RESOLVED, that the Board abhors and rejects immigrant bashing, racism, and scapegoating which are targeted at immigrants and ethnic minorities; and BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors hereby establishes a Newcomer Task Force to study the need and contributions bf immigrants, the effects of immigration on Contra Costa County, and to recommend positive policies for the greater health, safety, and welfare of all residents of Contra Costa County. Witness my hand and the Seal of the Board of Supervisors affixed this 5th day of October, 1993. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy Clerk RESOLUTION NO. Add in the "Action of the Board" section of I0-7 something along the lines of: "Following the receipt of testimony from several individuals, the Board of Supervisors approved Recommendations # 1 through # 6 and Recommendation # 8. The attached Resolution 93/ was adopted in response to Recommendation # 7 and the County's lobbyist is directed to pursue these legislative policies . "