WHEREAS, for at least 135 years, the courts have found that immigration was a clear federal responsibility, based on an 1875 U. S. Supreme Court ruling in the wake of actions by a number of the states to pass their own immigration laws; and

WHEREAS, the federal responsibility was further clarified by the Immigration Act of 1891 and by a host of subsequent legislation over the next century; and

WHEREAS, largely because of the practices and procedures put in place by these federal laws, the immigration and naturalization process in the United States was both orderly and effective for many years, with the result that the history, culture and economy of Delaware and other states has been immeasurably enriched by those who have come to America from other parts of the world; and

WHEREAS, this rich history of the arrival of immigrant populations on American shores and their subsequent incorporation into the fabric of American life and culture has become a central feature of what it has meant to be an American; and

WHEREAS, for a variety of economic, cultural and political reasons, large numbers of undocumented or illegal immigrants have come to Delaware and other states in recent decades to live and work; and

WHEREAS, those federal agencies with jurisdiction over immigration laws have in many instances failed to deal effectively with this influx of undocumented persons, either because of shortcomings in often out-dated laws and regulations or because of under-staffing caused by funding shortages, a fact that has caused increasing problems for state and local government; and

WHEREAS, for too many years, the lack of an up-to-date, comprehensive national immigration policy properly designed to deal effectively with the situation which now confronts Delaware and other states has led to great difficulties and to enormous costs, both human and financial; and

WHEREAS, the absence of such a policy has led to the breaking up of families, to the deaths of hundreds of undocumented or illegal immigrants along the U. S.—Mexico border, to the exploitation of undocumented workers by some employers, and to the often ill-considered deportation of workers who may have great potential to make meaningful positive contributions to our society; and

WHEREAS, outmoded immigration quota systems and other archaic provisions of the law have greatly reduced the ability of U. S. companies to bring persons with technical specialties and other skills in short supply in this country into the U. S. from overseas, which has had the unintended consequence of further adding to the movement of high-quality jobs from this country to other nations who are more flexible in this regard; and

WHEREAS, the lack of progress in arriving at a comprehensive national immigration policy has had a major negative effect on relations between law enforcement agencies and immigrant communities, both within Delaware and across the U. S., which has in turn led to an increase in crime, and a reduction in the reporting of domestic crimes and crimes involving the victimization of immigrants; and

WHEREAS, the continued failure to deal effectively with this situation at the federal level has led to added financial burdens upon Delaware law enforcement agencies, the Delaware Department of Justice and the Delaware Department of Correction for the apprehension, prosecution and incarceration of persons relating to crimes connected to illegal immigration, without adequate federal reimbursement; and

WHEREAS, the lack of a comprehensive national immigration policy has led to increased division among our citizens and to the enactment by a number of states of laws designed to deal with the problems which have been created for the states by the continued absence of an effective national policy; and

WHEREAS, this trend, if left unchecked, will almost certainly lead to a fragmented and dangerous mishmash of legal conflicts between the laws of the various states, together with a whole new series of problems resulting therefrom;

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 145^th General Assembly of the State of Delaware, the House of Representatives concurring therein, that the members do hereby urge the President and the Congress to act urgently to enact comprehensive national immigration reform legislation.

BE IT FURTHER RESOLVED that the members respectfully request that the said immigration reform legislation include the following provisions:

1. there should be a “zero tolerance” policy in dealing with undocumented immigrants who commit violent crimes and dangerous felonies while residing in the United States;

2. the said legislation should respect the human and civil rights of both citizens and non-citizens being detained, with a special emphasis on not separating families;

3. penalties should be strengthened, and strictly enforced, against employers who knowingly employ undocumented workers, and particularly against employers who exploit undocumented workers;

4. the legislation should provide for a program for the admission into the U. S. of temporary workers based on the needs of the economy, and for a process whereby such workers could over time qualify for legal permanent residency;

5. more financial assistance should be provided by the federal government to state and local governments that incur costs relating to undocumented or illegal immigrants;

6. the legislation should include a pathway to citizenship for the estimated 11 to 12 million undocumented immigrants now believed to be in the U. S., which would require a full criminal background check, the payment of any and all fines and/or back taxes and related expenses, and learning the English language;

7. The legislation should incorporate provisions of the 2009 “Development, Relief and Education for Alien Minors Act” (known as the "DREAM Act”) which would provide certain undocumented or illegal immigrant students who graduate from U. S. high schools, who are of good moral character, who arrived in the U.S. as minors, and have been in the country continuously for at least five years prior to the bill's enactment, with an opportunity to earn conditional permanent residency.

BE IT FURTHER RESOLVED that suitable copies of this Senate Concurrent Resolution be provided to members of Delaware’s U. S. Congressional delegation, and to the President and Vice-President of the U. S., upon its passage.

SPONSOR:	Sen. Marshall & Rep. Miro & Rep. Keeley