They can't vote, but undocumented immigrants are California's newest political force

Roxana Kopetman
May 5, 2015
OC Register

They live in the country illegally. They pepper their rallies with the chant “undocumented and unafraid.” And they cannot vote.

Still, some politicians have heard their voices.

In California, undocumented immigrants have political clout.

“Today, we remind the rest of the nation that California is different,” said state Senate President Pro Tem Kevin de León, in an April news conference to promote 10 bills he and others believe will help people in the country illegally.

The proposals ranged from a $1 billion plan to extend state-subsidized health care to the undocumented, to the establishment of a new state office that would make it easier for some immigrant crime victims to avoid deportation.

Perhaps tellingly, the lawmakers discussed their proposals in a mixture of Spanish and English, with some statements presented only in Spanish, without translation.

“This package unequivocally states California’s commitment to immigrants,” said de León, a Democrat from Los Angeles, in an interview.

The proposals come on the heels of several legislative victories for the undocumented in California. Among the most prominent are driver’s licenses for all, limits on state cooperation with federal immigration authorities, and the right to become an attorney in California, regardless of one’s immigration status.

Next year, people living here illegally will be able to apply for dozens of other professional or vocational licenses, including doctors, nurses, pharmacists and real estate agents.

De León skirted a question on whether undocumented immigrants now have political power in California.

“You have a sizable number of legislators that are keenly aware that for the continued economic growth of California, we need to normalize the legal status of this population,” he said.

Many others, however, take a different view. They say the benefits offered to the undocumented are an economic albatross for California, serving as magnets to draw people across the boarder illegally and eat up taxes paid by legal residents.

“What this has done is embolden the Latino Caucus to go for more. Why not?” said Joe Guzzardi, spokesman for Californians for Population Stabilization.

Undocumented immigrants have political power, without the vote, in part because they’re related to people who do vote, often in favor of pro-immigrant legislation.

Undocumented residents “are potential agents of change, just like any American who speaks out about issues that are important to her or him,” said Marisa Cianciarulo, a professor at Chapman University’s Law School and director of Chapman’s Family Protection Clinic, which deals with immigration cases.

Kathleen Kim, a professor at Loyola Law School and the faculty supervisor for Loyola’s Immigrant Justice Clinic, doesn’t believe that undocumented immigrants have political power. Instead, she believes that Americans increasingly are aware of immigrant issues and that politicians respond to that.

“Legislation that protects them from exploitation and eases their integration into our communities, is reflective of broader social norms that recognize (their) economic and cultural contributions,” she said of undocumented immigrants.

Luis Bravo, 23, is a Costa Mesa resident living in this country illegally. He is active in pro-immigrant causes and says he has no doubt that people in his situation can have political clout, even without the ability to vote.

“We have power as a community. We’ve been able to shape the conversation around immigration,” Bravo said.

When he was 20, Bravo traveled with other activists to Sacramento to meet with legislative staff and discuss what the new license for undocumented residents should look like. As a member of the faith-based Orange County Congregation Community Organization, he’s now working on boosting voter participation among Latinos who live here legally.

“We can sway the political conversation,” Bravo said. “In the last election, at least 10 of my friends went out to vote because I let them know, ‘Hey, I can’t do this, but you can.’”

The rise of undocumented political power in California began at the moment when the undocumented were at their weakest – the 1994 passage of Proposition 187. That initiative, which would have pulled many basic services away from undocumented immigrants, was struck down in court. Since then California legislators have passed laws increasingly friendly to all immigrants, including the undocumented, in response to a growing Latino electorate.

Now, California is recognized by pro-immigrant forces as a national leader in the immigration debate. Last year, the state passed the most immigration-related laws in the nation: 26, according to the National Conference of State Legislatures.

“California is saying, ‘You don’t have to shut people out,’” said Leo Chavez, a UC Irvine professor who specializes in immigration.

Chavez added that undocumented immigrants, while not citizens in the traditional sense, “have a presence.”

“There’s economic citizenship by people who work and contribute taxes. And there’s social citizens, who have families. They are cultural citizens. … And they feel they belong.

“You can ignore their presence, but pretty soon, it’s their children who will vote for you,” Chavez said.

Children like Oswaldo Farias, 23, of Costa Mesa.

He’s a U.S. citizen, but his parents, who crossed from Mexico 24 years ago, are not. He hasn’t missed an election in the brief time he’s been eligible to vote.

“Everyone has a civic responsibility,” said Farias, who is active in Orange County Immigrant Youth United. “But it seems to be more so when you are part of a community where the people are affected by the decisions made.”

It’s unclear if the power of undocumented people in California will spread nationally.

Some other states, such as Illinois and New York, also have pushed ahead with a pro-immigrant agenda, responding to undocumented immigrants there.

But 26 other states have gone a different direction, joining forces in a lawsuit against President Barack Obama’s immigration plan, which includes extending a three-year legal residency status and work permit to the undocumented parents of children born in the United States.

Chapman’s Cianciarulo said she’d like to think that California’s pro-immigrant shift could spread, but indicated it’s not likely in the current national political climate.

Still, some believe the power of the undocumented in California will spread, in part because the rest of the country soon figures to look a little more like California.

“The Latino population is slowing down in California, and it’s growing in the rest of the United States,” said Manuel Pastor, director of the Center for the Study of Immigration at the University of Southern California.

After initial anxiety and fear, Pastor believes residents in other states will acclimate to their new neighbors and welcome legislation that helps all immigrants.

“I think it will happen. … But will it be bumpy? Yes.”

Said Chavez, of UCI: “What’s radical today becomes normal tomorrow.”

Contact the writer: [email protected] or on Twitter:@roxanakopetman