The Impact of Immigration on Twenty-First Century America - California's Efforts To Legislateagainst Illegal Aliens

In November 1994 increasing concern about the effects of a large number of illegal aliens culminated in California voters approving Proposition 187 by a margin of 59% to 41%. The ballot initiative prohibited illegal aliens and their children from receiving any welfare services, education, or emergency health care. It further required local law-enforcement authorities, educators, medical professionals, and social-service workers to report suspected illegal aliens to state and federal authorities. It also considered the manufacture, distribution, and sale of fraudulent documents a state felony punishable by up to five years in prison.

The day after California voters approved Proposition 187, civil rights groups filed a lawsuit in federal district court to block implementation of the ballot initiative. One week later U.S. District Court Judge Matthew Byrne issued a temporary restraining order.

In November 1995 U.S. District Court Judge Mariana Pfaelzer ruled unconstitutional Proposition 187's provision involving elementary and secondary education for undocumented children. The judge cited the U.S. Supreme Court decision in a Texas case, Plyler v. Doe (457 U.S. 202, 1982), which held that the equal protection clause of the Fourteenth Amendment prohibited states from denying education to illegal immigrants. Civil rights and education groups had argued that states had no legal rights to regulate immigration, which was a federal responsibility.

In March 1998 Judge Pfaelzer permanently barred Proposition 187's restrictions on benefits for aliens and declared much of the legislation unconstitutional. Pfaelzer allowed the criminal provision to consider as a felony the manufacture, distribution, and use of false documents.

Former governor Pete Wilson appealed Pfaelzer's decision. In April 1999 Wilson's successor, Governor Gray Davis, announced that the state of California would ask a federal appeals court to mediate the legal disputes over Proposition 187. Although Davis opposed the ballot initiative, he claimed he had no authority to disregard the voters' wishes or to rule on Proposition 187's constitutionality. Some individuals on both sides of the issue charged that the new governor had taken the easy way out. In July 1999 Governor Davis and the civil rights groups agreed to end the litigation, in effect nullifying the public votes banning public education and social services to illegal aliens. Only the criminal provision pertaining to false documents was to be implemented.

Arizona Succeeds Where California Failed

In November 2004, 56% of Arizona voters approved a ballot initiative called Proposition 200 that would require proof of citizenship when registering to vote and applying for public benefits. It also required state, county, and municipal employees to report suspected undocumented immigrants to immigration authorities. The Mexican American Legal Defense and Educational Fund filed suit to block implementation of Proposition 200 and some opponents called the measure "racist." On December 22, 2004, U.S. District Judge David Bury lifted a temporary order barring implementation of Proposition 200 and it became law in Arizona.

Meanwhile the courts were left to determine the definition of "public benefits." The state's attorney general issued an opinion that limited the definition of "public benefits" to welfare. The Federation for American Immigration Reform (FAIR) and a state support group filed suit to broaden the definition to include benefits such as public housing, post-secondary education, grants, loans, and food assistance.

The apparent success of Arizona's Proposition 200 sparked interest in similar laws in other states. The Arizona Republic reported that an initiative called "Protect Arkansas NOW" had been introduced in that state's legislature (Yvonne Wingett, "Prop. 200 Spurs Efforts Nationwide," January 21, 2005). Tyche Hendricks of the San Francisco Chronicle reported on February 28, 2005, that copycats were being pushed by groups in Colorado, Georgia, Mississippi, Louisiana, Washington, and Oregon ("Issue of Illegals Roiling Arizona: New Law Denies Public Services to Such Immigrants").