REFERENCE TITLE: immigration reform; principles

State of Arizona Senate Fifty-first Legislature First Regular Session 2013

SR 1001

Introduced by Senators Gallardo, Ableser, Bradley, Hobbs, Jackson Jr., Landrum Taylor, Lopez, Pancrazi, Tovar: Farley

 

A RESOLUTION

 

supporting reasonable and humane principles for comprehensive immigration reform.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Whereas, the federal government has the exclusive authority to develop, implement and enforce immigration policy.  Under the United States Constitution, the regulation of immigration is solely the responsibility of the federal government, and the courts have consistently applied this principle to mandate federal preemption of state and local efforts to regulate immigration.  Moreover, the enactment of immigration laws by state and local governments such as Arizona's Senate Bill 1070 produces an incoherent and inconsistent patchwork of policies that undermine the effective enforcement of federal immigration policy; and

Whereas, comprehensive immigration reform must strengthen our national security and the public safety of our communities and neighborhoods.  The United States has the right of every sovereign nation to secure its borders through laws that regulate the entry of persons from other countries.  We must provide resources for immigration enforcement and implement enforcement measures that will accomplish these goals in an effective and humane manner. The implementation of resources must be used in accordance with respect to human and civil rights. In addition, policymakers must not impose ineffective or unrealistic requirements for the achievement of immigration enforcement goals as a precondition to implementing the other components of comprehensive immigration reform; and

Whereas, comprehensive immigration reform must provide immigrant workers and their families with an opportunity to pursue United States citizenship.  Currently, there are millions of immigrants who have been here for several years and who pay taxes, raise families and contribute to their communities, including many who do not yet have authorized immigration status.  It is essential that our immigration policy recognizes the contributions of these community members by providing an opportunity to obtain legal permanent residency and eventually a path to United States citizenship through a program with fair and reasonable requirements; and

Whereas, comprehensive immigration reform policies must help reunite families and reduce immigration backlogs.  Currently, large immigration backlogs prevent many United States citizens from swiftly reuniting with their family members.  It is important that our immigration policies recognize the efforts of individuals who have petitioned for loved ones through legal channels and that we institute measures to ensure family reunification and a substantive reduction of the family backlogs; and

Whereas, any temporary worker program must provide workers with full labor and civil rights protections and the opportunity to pursue legal permanent residency in the United States.  Comprehensive immigration reform must seek to improve the conditions for migrant and seasonal workers, many of whom work in agricultural jobs.  If these conditions are addressed through a temporary worker program, it must provide labor and wage protections and an opportunity for workers to pursue legal permanent residency.  In particular, we must provide temporary workers with full labor and civil rights, including the right to organize, the right to change jobs and the right to remain with their families, and must vigorously enforce these rights; and

Whereas, comprehensive immigration reform must provide a meaningful opportunity for immigrant students to pursue a college education, and the passing of the DREAM Act must be central to any legislation.  Currently, thousands of undocumented immigrant students that were brought to the United States at a young age face significant barriers when they try to obtain a postsecondary education.  These students, many of whom excelled in high school, lack access to the financial aid and employment opportunities needed to pursue higher education.  These students are an important part of our future workforce, and their pursuit of higher education will make our nation more productive and competitive in the global economy; and

Whereas, immigration policies must actively promote the civic integration of migrants.  Many migrants face significant barriers when the attempt to acquire the skills needed to participate in our nation's civic life.  Those who wish to pursue English Language Learning (ELL) and civics instruction often face waiting lists or crowded classrooms.  Comprehensive immigration reform provides a critical opportunity to promote ELL and civics instruction and make more resources available for adult education services.  Further, immigration policies must ensure that the naturalization process is fair and accessible for all.  We oppose any efforts that would create unfair obstacles for naturalization applicants, including high application fees or other costs that put United States citizenship beyond the reach of middle and low-income legal permanent residents.  We also oppose measures that would jeopardize the due process rights of applicants or make unfair changes in the English and civics proficiency requirements for United States citizenship; and

Whereas, our nation's security and public safety are best protected by effective and fair immigration enforcement measures. Our immigration enforcement policies must not diminish the due process rights afforded to our nation's residents, including United States citizens, legal permanent residents or undocumented individuals; and

Whereas, we oppose measures that make undocumented presence in the United States a crime, including measures that would make millions of undocumented individuals into criminals and virtually prevent them from ever obtaining legal permanent residence in the United States.  Our nation would be required to expend a significant amount of resources to carry out these measures, including the deployment of enforcement officials, prosecutors, judges and court-appointed counsel and the expansion of detention facilities. Ultimately, measures that criminalize undocumented presence cannot be fully enforced, and our nation would squander resources that could be better used for pressing public safety and security concerns; and

Whereas, we oppose the enforcement of federal immigration laws by state and local law enforcement agencies.  Many of these agencies have worked hard to establish relationships of trust with local immigrant communities, which is undermined by immigration enforcement activities.  As a result, community members are fearful of reporting crimes or cooperating with local police, preventing law enforcement from obtaining the information they need to solve crimes, combat terrorism and keep our communities and neighborhoods safe; and

Whereas, comprehensive immigration reform must include a discussion of the fundamental cause of migration to the United States—the need for sustainable social and economic development in the communities where migrants originate.  Our nation must more actively pursue partnership opportunities with sending nations to determine feasible development strategies that would enable them to better meet the economic needs of their population.

Therefore

Be it resolved by the Senate of the State of Arizona:

That the Members of the Senate support the principles stated in this Resolution as a reasonable and humane approach to comprehensive immigration reform.