File #: 13-0260    Name: Immigration Reform
Type: General Agenda Item Status: Passed
File created: 3/12/2013 In control: Board of Supervisors
On agenda: 3/19/2013 Final action: 3/19/2013
Title: Receive a report and recommendation from the Legislative Committee in response to a Board Referral related to possible adoption of a resolution in support of comprehensive immigration reform.
Sponsors: Nick Chiulos
Attachments: 1. DRAFT Immigration Reform Resolution, 2. Completed Board Order & Resolution
Title
Receive a report and recommendation from the Legislative Committee in response to a Board Referral related to possible adoption of a resolution in support of comprehensive immigration reform.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors: receive a report and recommendation from the Legislative Committee in response to a Board Referral related to possible adoption of a resolution in support of comprehensive immigration reform.
 
SUMMARY:
On March 12, 2013, Supervisor Armenta made a referral to the Legislative Committee requesting review and recommendation of a resolution in support of comprehensive immigration reform, with a report back to the full Board on 3/19/13.  The Legislative Committee will meet on 3/18/13 and a report on this item will be provided to the Board on 3/19/13.  Due to the constricted timeline for response the draft resolution as provided in the referral is included in this report and an oral presentation will be provided describing the recommendations of the Legislative Committee.
 
DISCUSSION:
President Obama has identified comprehensive reform of our nation's immigration laws as a top legislative priority for the 113th Congress.  A bipartisan group of lawmakers in the House has been meeting regularly to discuss the parameters for a bill.  In late January, a bipartisan group of eight senators released a framework document for comprehensive immigration reform legislation comprised of the following principles:
 
Border Security
Ø      Provide Border Patrol with updated technology, infrastructure and personnel.
Ø      Increase use of unmanned aerial drones and other surveillance equipment.
Ø      Create "entry-exit system" to track temporary visa holders and ensure they leave the country as required.
 
Path to Legal Status and Citizenship
Ø      Require current undocumented immigrants to pass a background check, pay fines and pay back taxes before earning "probationary legal status" that allows them to live and work in the United States.
Ø      Mandate that probationary immigrants "go to the back of the line" as they apply for a green card.
Ø      Require probationary immigrants to pass another background check, pay taxes, learn to speak English, go through civics education and prove they have worked in the United States before getting a green card.
Ø      Require that border security enforcement measures be completed before green cards are given to those on probationary status.
Ø      Bar probationary immigrants from receiving federal entitlement and other benefits.
Ø      Create a separate path to citizenship for undocumented immigrants who came to the United States as minors (also known as the DREAM Act).
Ø      Create a separate path to a green card for agricultural workers.
Ø      Require a reduction in backlogs on visas for family and employment.
Ø      Give green cards to immigrants who earn a doctorate or master's in science, technology, engineering or math from a U.S. university.
 
Employment Verification
Ø      Create "stiff fines and criminal penalties" for employers who knowingly hire undocumented workers.
Ø      Create an electronic employment verification system to ensure that employers can check the status of new workers.
Ø      Allow employers to hire immigrants if they can prove they could not find an American to do the job.
Ø      Allow more immigrants in times of job growth, but restrict immigration when the job market is shrinking.
 
The Senate is expected to consider comprehensive immigration reform legislation in April, and the House will likely consider its immigration bill once the Senate has completed action.
      
On March 5, 2013, a delegation from Monterey County, including Supervisors Potter and Armenta, met with Rep. Farr and staff from the offices of Senator Feinstein and Boxer in Washington, D.C., to discuss the County's support for comprehensive immigration reform.  The County delegation shared its concerns with current immigration policies that have led to labor shortages in the local agricultural and hospitality industries and caused severe financial strain on the County's health care delivery system.  The congressional delegation welcomed the County's input and appreciated its support for comprehensive legislation.
 
Senator Feinstein's office indicated that the senator is working closely with the bipartisan Senate negotiators to develop an agricultural worker program to address the labor supply concerns expressed by the County.  As a senior member of the Senate Judiciary Committee, Senator Feinstein will play a leading role in shaping immigration reform legislation when it is considered by the committee in April.
 
OTHER AGENCY INVOLVEMENT:
The County Administrative Office - Intergovernmental & Legislative Affairs Division prepared this report.  Information was provided by the Board Referral from Supervisor Armenta, and from Brent R. Heberlee of Nossaman LLP, the County's federal legislative advocate.
 
FINANCING:
Monterey County's Legislative Program is funded in County Administrative Office-Department 1050, Intergovernmental & Legislative Affairs Division-Unit 8054.  Approval of the referred resolution will not result in additional general fund contributions.  
 
Prepared by:      Approved by:
 
 
Annette D'Adamo      Nicholas E. Chiulos
Management Analyst III      Assistant County Administrative Officer
 
Date:  March 12, 2013
 
Attachment:      DRAFT Resolution
 
cc:  Brent R. Heberlee, Nossaman LLP
      John E. Arriaga, JEA & Associates