California Proposition 187 (1994)

California Proposition 187 was a 1994 ballot initiative designed to deny illegal immigrants social services, health care, and public education. It was introduced by assemblyman Dick Mountjoy (Republican from Monrovia, California) as the "Save Our State" initiative. A number of other organizations were involved in bringing it to the voters. It passed with 58.8% of the vote, [http://traynor.uchastings.edu/cgi-bin/starfinder/29314/calprop.txt] but was overturned by a federal court. The measure prompted support for similar bills in Illinois, Florida, New York and Texas.cite news |first=Richard| last=Lacayo| title= Down on the Downtrodden |url=http://www.time.com/time/magazine/article/0,9171,982006,00.html |publisher="Time Magazine" |date=December 19, 1994 |accessdate=2007-07-22 ]

Proposition 187 included several additions to the law, falling into two categories.
*All law enforcement agents who suspect that a person who has been arrested is in violation of immigration laws must investigate the detainee's immigration status, and if they find evidence of illegality they must report it to the attorney general of California, and to the federal Immigration and Naturalization Service (INS). Local governments are prohibited from doing anything to impair the fulfillment of this requirement. The attorney general must keep records on all such cases and make them available to any other government entity that wishes to inspect them.
*No one may receive public benefits until they have proven their legal right to reside in the country. If anyone applies for benefits and is suspected by government agents of being illegal, those agents must report in writing to the enforcement authorities. Emergency medical care is exempted as required by federal law but all other medical benefits have the same test as above. Primary and secondary education is explicitly included.

Governor Pete Wilson was a prominent supporter. Opponents included State Senator Art Torres, who referred to Prop. 187 as "the last gasp of white America in California." The proposition came before voters in the November 8, 1994 general election, where it was approved. It became law the next day. While its prominent advocates were political conservatives, some liberals (such as Los Angeles-based radio talk-show host Tom Leykis) also favored it, on the grounds that making life more difficult for illegal immigrants might result in fewer of them entering the state, creating labor shortages which could drive up wages for the lowest-paid workers. Meanwhile, some prominent conservatives, like businessman and failed GOP gubernatorial candidate Ron Unz, opposed the initiative.

On October 15, between 70,000 and 250,000 people, primarily LatinoFact|date=August 2008, marched in downtown Los Angeles against the measure.

Its constitutionality was immediately challenged by several lawsuits. On November 11, 1994, federal judge Matthew Byrne issued a temporary restraining order against it, on grounds that it exceeded state authority in the federal realm of immigration. The case worked its way through the courts. The multiple cases were consolidated and brought before Judge Mariana Pfaelzer. When the opinion was given three years later, Governor Wilson appealed it, which led it being brought to the federal Ninth Circuit Court of Appeals. However, in 1998, before the judges could rule, newly elected Democratic Gov. Gray Davis had the case brought before mediation. Following this, he dropped the appeals process before the courts, effectively killing the law.

Along with the rapid increase in the Latino population in California, some political analysts cite Gov. Wilson's and the Republican Party's embrace of Proposition 187 as a cause of the rapid decline in the ability of the party to win statewide elections. Indeed, current Gov. Arnold Schwarzenegger is the only Republican to win a gubernatorial, senatorial, or presidential election since 1994. Others respond that the state had already swung to the Democrats in 1992, and that the Latino vote has not been a decisive factor in statewide elections.

Since 1994 various laws and initiatives have sought to enact elements of Proposition 187. One such measure tried and failed to qualify for a February 20, 2007 deadline. It would have denied deportable aliens public benefits, driver's licenses, and in-state tuition. [http://www.ss.ca.gov/elections/elections_j.htm#circ]

ee also

California Coalition for Immigration Reform

References

External links

* [http://en.wikisource.org/wiki/California_Proposition_187_(1994) Text of the law]
* [http://www.hudson.org/files/audio_video/pete_wilson.MP3 Hudson Institute interview with Gov. Pete Wilson on Prop. 187]
* [http://www.nationalreview.com/lowry/lowry081903.asp National Review interview with Pete Wilson where he discusses Proposition 187]
* [http://video.google.com/videoplay?docid=4562174015744067079&q=pete+wilson Video: Mayor Rudy Giuliani press conference with Governor Pete Wilson of California on March 29, 1995 as Wilson campaigns as a Presidential candidate. Covers Wilson's views on Prop 187 in detail.]
* [http://www.ssbb.com/article1.html "California's Proposition 187 and Its Lessons"] by Stanley Mailman, "New York Law Journal", January 3 1995