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Office of the Chancellor / Public Affairs
Monday, September 22, 2003
 

Sacramento Bee 9-22-03

Bills offer immigrant privileges
Gov. Gray Davis is poised to decide on two controversial measures that could give illegal residents more rights.
By Jim Sanders

 

After granting illegal immigrants the right to obtain driver's licenses in California, Gov. Gray Davis now must decide whether to sign bills qualifying them for free community college tuition and requiring local governments to honor identification cards issued by the Mexican government.

The Democratic governor, who signed the controversial driver's license legislation as he fights the attempt to recall him from office, has not yet taken a position on the other two measures, spokesman Russell Lopez said.

The bills tap into one of the most divisive issues in California society: whether to continue forcing illegal immigrants into the economic shadows or to recognize them as a permanent fixture and help them better their lives.

"We're a state of immigrants to some extent -- how many native-borns are here?" Senate President Pro Tem John Burton said. "People are people. Just because somebody is an immigrant doesn't mean they're a bad person. ... I think immigrants were used as whipping boys in the economic downturn."

But Assembly Republican leader Dave Cox said such legislation tells foreigners to "get into the United States any way you can, under any circumstances, and then (California) will give you the documents to make you legal."

The Legislature's Latino Caucus, with 25 members, is helping fuel the drive to recognize illegal immigrants as generally law-abiding, family-oriented, hard-working laborers who tackle jobs ranging from crop picking to house cleaning for typically low wages.

But critics say illegal immigrants should be deported, not assisted, and they complain the new proposals could serve as a beacon to attract more foreigners.

Contradictions abound in government policies toward illegal immigrants: They can attend public schools, but can get only limited public health services. They're barred from employment, but are expected to pay income taxes.

Carlos Mezquita, 30, a San Leandro resident who has spent 15 years in the United States but is not a citizen, said immigrants aren't looking for handouts. They pay taxes, like everyone else. They don't deserve to be discriminated against because of their birthplace, he said.

"They're still human beings," he said.

Mezquita said some of his friends have been stopped by police for no apparent reason, couldn't produce a driver's license, and had their cars towed away. Fees to recover the vehicles weeks later can exceed $1,000, he said.

California's trio of pro-immigrant bills continues a trend begun two years ago with passage of AB 540, which allowed illegal immigrants from California high schools to pay "resident" tuition rates at California State University and community colleges.

For immigrant families struggling to make ends meet, AB 540 was huge: CSU fees, for example, were as much as $9,219 for non-residents and $1,839 for residents when the bill became law.

To qualify for the lower fees, illegal immigrants have to attend a California high school for three years, obtain a California high school degree or its equivalent, and sign an affidavit stating that they have applied to become legal residents or will do so if they become eligible.

One of the bills awaiting action by Davis, SB 328, would further reduce costs for that same group of qualified immigrants, provided they are deemed low-income. The bill would waive community college fees of $18 per unit, thus providing a free two-year college education.

The California Community College system estimates that roughly 1,500 to 2,000 immigrants currently attending classes would receive the fee waiver if SB 328 becomes law. The impact statewide is estimated at less than $1 million, said Mary Gill, interim vice chancellor of governmental relations.

The community college system supports SB 328, Gill said.

"We're a system that embraces people on the margin of society," she said. "This kind of education can really make a difference in their lives."

But Barbara Coe, chairwoman of the California Coalition for Immigration Reform, said it makes no sense for colleges to charge citizens and give illegal residents a free ride.

"It's a slap in the face," Coe said.

The other bill pending before Davis, AB 522, would expand recognition of Mexico's consular identification cards, which already are used for opening checking accounts, obtaining credit, boarding airplanes and various other official purposes.

Under AB 522, cities and counties would be required to honor the matricula consular as official identification, but the cardholder could be asked for additional identification if there was reason to suspect forgery or fraud.

Official recognition of the ID cards would not entitle illegal immigrants to public assistance but would allow them to acquire marriage licenses, borrow books, obtain senior citizen discounts on public transit, enter municipal buildings requiring identification, and get access to various other programs.

To acquire a matricula consular card from the Mexican Consulate, applicants must provide a birth certificate, photo ID, proof of current address and other personal information. Each card contains a photo, address, signature, serial number and numerous security measures, including a hologram and infrared band.

Supporters say AB 522 could foster better relations between police and immigrants, making the latter more willing to report crimes without fear of being taken into custody for lacking proper identification.

Opponents counter that the 2001 terrorist attacks on the World Trade Center and the Pentagon make it more important than ever to tighten security. AB 522 leaves the Mexican Consulate, not U.S. officials, responsible for verifying documents that qualify an immigrant for the ID card, critics note.

The deadline to sign these bills is Oct. 12.

California's most controversial pro-immigrant legislation of the year, the driver's license bill, was signed into law Sept. 5.

Under SB 60, instead of a Social Security number, illegal immigrants could qualify for a driver's license by providing a federal taxpayer identification number and a combination of other documents -- such as a birth certificate, foreign driver's license, foreign passport or a matricula consular card.

SB 60 will make the roads safer for everyone, proponents say, because immigrants currently driving illegally will acquire driver training, take competency tests and buy required auto insurance as part of the licensing process.

Others claim Davis' support of SB 60 is a misguided attempt to court Latino voters. They claim the bill lacks adequate security measures -- for example, it requires no criminal background checks or proof that immigrants have lived in California for any length of time.

Sen. Gilbert Cedillo, the Los Angeles Democrat who proposed SB 60, said this year's trio of pro-immigrant measures represents a "watershed year for California democracy" and "a boost for all of us committed to integration."

But state Sen. Dennis Hollingsworth, R-Temecula, said such measures reflect a liberal Legislature leaning ever further to the left.

"I think it's a major mistake for the state of California to provide incentives and rewards for anyone who flouts immigration laws," he said. "It penalizes those who have played by the rules and come here legally."