RULES COMMITTEE: 2-27-13 ITEM: G.3

CITY OF ~ SAN JOSE CAPITAL OF SILICON VALLEY

TO: RULES AND OPEN GOVERNMENT FROM: Councilmember Xavier Campos Councilmember Don Rocha

SUBJECT: IMMIGRATON REFORM MEMO DATE: February 21, 2013

Approved

RECOMMENDATION

That the Rules Committee agendize the attached resolution for consideration by the full City Council, so that the Council may discuss the issue, offer any amendments or modifications to the resolution language as may be appropriate, and decide as a full Council whether this is an issue on which the City should speak.

ANALYSIS

For the first time in years, it appears that comprehensive and effective immigration reform may be possible. At this moment of opportunity, San Jose, perhaps more than any other American City, has an important and timely story to tell about immigration. As political leaders we should be interested in discussing this pressing and current issue and as political leaders in Silicon Valley we are uniquely equipped to add pertinent and effective methods to help resolve this pressing issue.

As the capital of Silicon Valley, we are one of the most diverse and immigrant-rich cities in the country and one of the most prosperous and innovative. This isn’t a coincidence: our embrace of immigrants is an essential strength of our economy and our culture. 1 San Jose exemplifies the potential for comprehensive immigration to be a positive force in the continued growth and progress in America.2 Now is the time for the Council to use our story on immigration and our ability to find innovative solutions as a model for San Jose, California and the nation. Immigration reform matters to San Jose because it is an important part of our history, our present and our future. Immigrants have been essential to the settling of our city, the past success of our region and our potential future success.3 However, that future success will 0nly materialize if we continue to

1 See, New York Times, "Silicon Valley and Immigrant Groups find Common Cause", Somini Sengupta, February, 12, 2013. 2 See, The San Jose Mercury News, Silicon Valley Wants in High-Tech Immigration Reform", Matt O’Brien, February 8, 2013. a See, The , "Lack of Immigration Reform Threatens California Farmers", George Skelton, February 20, 2013. welcome immigrants under a fair, understandable and functional system that allows families to be and stay together. Consider a recent Kauffman Foundation study that found that between 2006 and 2012, 43.9% of Silicon Valley start-ups were founded by immigrants.4 Given statistics like this one, it is not hard to understand why Silicon Valley business leaders have been strong advocates of immigration reform.5 As the capital of Silicon Valley, it is time that our political leaders also lend their voices and ideas to this issue.

Millions of undocumented immigrants in America work hard, are loving parents and aspire to become citizens but they currently have no legal path to citizenship that allows them to stay in this country, and with their families; during the process. In addition, because the process is so complicated and overburdened with inefficiency the process can take years and thousands of dollars.6 Without such a clear pathway, they face deportation that may tear apart families and leaves them vulnerable to exploitation, particularly in the labor force.7 Furthermore, many undocumented immigrants were brought here by their parents at a very young age and have completely adapted and adopted to American culture and wish to pursue the American Dream by going to college and being able to enter the work force rather than return to a country and a culture that is completely foreign.8 We should speak up on all of their behalves, allowing families to stay together and make their..uncertain future certain.

Across the country and in San Jose, a diverse group of stakeholders, including business leaders, labor groups and religious communities are joining together to support such reform. It is our hope that at this critical time the Council is willing to come together and resolve to keep families together as well as serve our industries by creating a resolution that will allow for certainty and opportunity for individuals, families and businesses in San Jose. The attached is a draft resolution that includes many of the points passed by the California State Legislature. We welcome discussion with our Council colleagues and look forward to the Rules Committee agendizing this issue for consideration by the Council, so that a full discussion can take place and San Jose’s political leaders can finally j oin the national, state and local conversation that is already in progress.

See, Kauffman Foundation.org, Research & Policy "Immigration and American Economy". See, The Wall Street Journal, "New Push for Entrepreneur Visas", Emily Maltby, February 12, 2013. See, , "Immigration Agency Mired in Inefficiency", Spence S. Hsu, May 28, 2007. See, the Economist, "Illegal Workers More Vulnerable, Labour Laws Don’t Cover Everyone", April 4, 2002. See, The Huffington Post, "What Does it Mean to Be an American" Jose Antonio Vargas, July 4, 2012. WHEREAS, The University of Southern California estimates that immigration reform would create a $16 billion positive to our State’s economy. In Santa Clara County, alone, immigrants contribute to 44% of the region’s economic activity. Therefore, by creating immigration reform we would strengthen families and their ability to create more jobs, earn higher incomes and spend more, thereby adding money to all of our economic systems. In addition, increase wages and earnings will create higher tax revenues that will serve to improve our essential services like police and schools.

WHEREAS, Studies have shown that by nearly a three to one margin immigrants are more likely to create and run a small business and small businesses are the engine of our current economy. In fact, the Small Business Administration estimates that immigrants .who own businesses generate $67 billion in business income in the United States.9

WHEREAS, Immigrants are central to the Silicon Valley economy. In 2011, 64% of the science and engineering workforce in Santa Clara and San Mateo Counties were foreign born. Consider a recent Kauffman Foundation study that found that between 2006 and 2012, 43.9% of Silicon Valley start- ups were founded by immigrants. Immigrants are also the overwhelming the majority of the workers who harvest the food that we eat. lo ~.

WHEREAS, To remain competitive in the global marketplace and to retain our capital of Silicon Valley status San Jose needs to continue to attract and retain the most promising workers, entrepreneurs and citizens. Comprehensive immigration reform should contribute to the growth of our economy and the well-being of our workforce by ensuing compliance with labor standards, reforming the current and H-1B visa system to allow Silicon Valley’s driving industries to compete successfully for global talent and meet workforce demands, while recognizing the aspirations of both United States and immigrant workers to build careers and businesses. This could be accomplished by providing them with either immediate permanent residency or visa portability that allows them to the freedom to create their careers and/or businesses without their citizenship being dictated by one particular company.

WHEREAS, Comprehensive immigration reform must move our nation beyond the costly, enforcement-only policies that fosters mistrust among immigrant communities and does not resolve the root causes of the issue. This is especially poignant given the current limited resources of our local law enforcement. 11

WHEREAS, Immigration reform should specifically prioritize a path to citizenship that allows all families to stay or become united during and after their path to citizenship.

WHEREAS; Comprehensive immigration reform should provide a path for undocumented immigrants who have entered the United States as young people and have grown up in America, as Americans, to become citizens.

BE IT RESOLVED BY THE SAN JOSE CITY COUNCIL that this Council urges the 113th Congress to swiftly enact comprehensive immigration reform that includes the following elements: (1) a plan for providing a clear, fair and affordable path to citizenship for undocumented immigrant who are currently residing in the United States, (2) the reformation of the visa system so that families may stay and be together both during and after the process and workers are offered permanent resident

9 See, United States Conference of Mayors Resolution, 2012. lo See, 2009-10 Session, Assembly Joint Resolution 37 (AIR 37). 11 See, The Huffington Post, "Secure Communities Costs Los Angeles County More Than $26 Million a Year: Report", Elise Foley, August 23, 2012. status or portable visas which will provide certainty and mobility meet the needs of a growing and innovative workforce and also recognizes the aspiration of immigrants to build a better life, better businesses and thus a better community, city and country with their contributions, (3) prioritizing immigrant integration into our communities and City so that they may contribute at a higher level than cun’ently possible given the discrimination and legal ramifications that they face under the current system, and (4) respect for the due process of everyone in the United States.

BE IT FURTHER RESOLVED, that a copy of this resolution shall be delivered to the U.S. Speaker of the House, President of the Senate, members of the California Congressional delegation and the President of the United States.