1994 California Proposition 187: Difference between revisions
Kennethphsu (talk | contribs) →Key elements of Proposition 187: Added other key elements, including statutes on health care and public education; revised language |
Kennethphsu (talk | contribs) →Background and Passage: Added Section 1 of Prop 187 |
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Governor [[Pete Wilson]] was a prominent supporter of Proposition 187, which ultimately became a key issue during his 1994 re-election campaign against Democratic opponent [[Kathleen Brown]]. After facing record low approval ratings during his first term, Wilson trailed Brown in opinion polls by over 20% early during the gubernatorial campaign. However, his aggressive support of the popular Proposition 187 was considered crucial to his ultimate re-election.<ref name=Decker>{{cite news|title=Wilson Savors Win; Democrats Assess Damage|first1=CATHLEEN|last1=DECKER|first2=DANIEL M.|last2=WEINTRAUB|work=Los Angeles Times|date=November 10, 1994|page=1}}</ref>Even in the days leading up to the election, Wilson upheld that the he would require all state and local government employees to report suspected illegal immigrants to the Attorney General's Office if Proposition 187 passed. Attorney General [[Dan Lungren]], also running for re-election, agreed to enforce emergency regulations to implement the law immediately after the election. |
Governor [[Pete Wilson]] was a prominent supporter of Proposition 187, which ultimately became a key issue during his 1994 re-election campaign against Democratic opponent [[Kathleen Brown]]. After facing record low approval ratings during his first term, Wilson trailed Brown in opinion polls by over 20% early during the gubernatorial campaign. However, his aggressive support of the popular Proposition 187 was considered crucial to his ultimate re-election.<ref name=Decker>{{cite news|title=Wilson Savors Win; Democrats Assess Damage|first1=CATHLEEN|last1=DECKER|first2=DANIEL M.|last2=WEINTRAUB|work=Los Angeles Times|date=November 10, 1994|page=1}}</ref>Even in the days leading up to the election, Wilson upheld that the he would require all state and local government employees to report suspected illegal immigrants to the Attorney General's Office if Proposition 187 passed. Attorney General [[Dan Lungren]], also running for re-election, agreed to enforce emergency regulations to implement the law immediately after the election. |
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During the [[United States Senate election in California, 1994]] campaign, incumbent Senator [[Diane Feinstein]] and Republican challenger [[Michael Huffington]] both adopted tough policies against illegal immigration. The candidates also both revealed that they each had previously hired illegal immigrants for housekeeping and childcare. However, Huffington hired an illegal housekeeper after the [[Immigration Reform and Control Act of 1986]], which made it illegal to knowingly hire illegal immigrants. Feinstein was narrowly re-elected. |
During the [[United States Senate election in California, 1994]] campaign, incumbent Senator [[Diane Feinstein]] and Republican challenger [[Michael Huffington]] both adopted tough policies against illegal immigration. The candidates also both revealed that they each had previously hired illegal immigrants for housekeeping and childcare. However, Huffington hired an illegal housekeeper after the [[Immigration Reform and Control Act of 1986]], which made it illegal to knowingly hire illegal immigrants. Feinstein was narrowly re-elected.<ref>Martin, Philip. ["Proposition 187 in California."] http://www.jstor.org/pss/2547004''International Migration Review.' 'Vol 29, No. 1: p. 250.</ref> |
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President [[Bill Clinton]] urged Californians to reject Proposition 187 as an impediment to federal policy on immigration. After admitting that "it is not wrong for you [Californians] to want to reduce illegal immigration," Clinton asked voters to allow the federal government to "keep working on what we're doing." |
President [[Bill Clinton]] urged Californians to reject Proposition 187 as an impediment to federal policy on immigration. After admitting that "it is not wrong for you [Californians] to want to reduce illegal immigration," Clinton asked voters to allow the federal government to "keep working on what we're doing." |
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While 78 percent of Republicans and 62 percent of Independents voted for the initiative, Democrat voters opposed the measure by 64 percent. <ref>California Opinion Index: "A summary analysis of Voting in the 1994 General Election." http://www.field.com/fieldpollonline/subscribers/COI-94-95-Jan-Election.pdf</ref> |
While 78 percent of Republicans and 62 percent of Independents voted for the initiative, Democrat voters opposed the measure by 64 percent. <ref>California Opinion Index: "A summary analysis of Voting in the 1994 General Election." http://www.field.com/fieldpollonline/subscribers/COI-94-95-Jan-Election.pdf</ref> |
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Section 1 of Proposition 187 explains provides rationale for the law: |
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<blockquote> |
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The People of California find and declare as follows: |
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That they have suffered and are suffering economic hardship caused by the presence of illegal aliens in this state. |
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That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this state. |
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That they have a right to the protection of their government from any person or persons entering this country unlawfully. |
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</blockquote> |
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==Key elements of Proposition 187== |
==Key elements of Proposition 187== |
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Revision as of 11:46, 7 May 2010
California Proposition 187 (also known as the Save Our State (SOS) initiative) was a 1994 ballot initiative designed to create a state-run citizenship screening system in order to prohibit illegal immigrants from using health care, public education, and other social services in the U.S. State of California. The proposed law was initially passed by the voters through referendum in November 1994 but later found unconstitutional by a federal court, with appeals against the judgement being halted by Governor Gray Davis in 1999.
Proposition 187 heated up the ongoing issue of illegal immigration into the United States and the state's large undocumented Latino population. Although the law was viewed by opponents as based largely on xenophobia toward immigrants of Hispanic origin, supporters generally insisted that their concerns were economic.[1][2]
Background and Passage
In 1994, California had an estimated 1.3 million illegal immigrants, which included approximately 308,000 illegal immigrant children.[3]
Proposition 187 was introduced by Republican assemblyman Dick Mountjoy of Monrovia as the "Save Our State" (SOS) initiative, going directly to a referendum vote during the general election on November 8, 1994. One of several immigration reform bills placed before the California legislature in the early 1990's, Proposition 187 began with widespread support - a 37-point lead in July 1994, and 62-29 percent lead among likely voters in September 2004. [4]
Governor Pete Wilson was a prominent supporter of Proposition 187, which ultimately became a key issue during his 1994 re-election campaign against Democratic opponent Kathleen Brown. After facing record low approval ratings during his first term, Wilson trailed Brown in opinion polls by over 20% early during the gubernatorial campaign. However, his aggressive support of the popular Proposition 187 was considered crucial to his ultimate re-election.[5]Even in the days leading up to the election, Wilson upheld that the he would require all state and local government employees to report suspected illegal immigrants to the Attorney General's Office if Proposition 187 passed. Attorney General Dan Lungren, also running for re-election, agreed to enforce emergency regulations to implement the law immediately after the election.
During the United States Senate election in California, 1994 campaign, incumbent Senator Diane Feinstein and Republican challenger Michael Huffington both adopted tough policies against illegal immigration. The candidates also both revealed that they each had previously hired illegal immigrants for housekeeping and childcare. However, Huffington hired an illegal housekeeper after the Immigration Reform and Control Act of 1986, which made it illegal to knowingly hire illegal immigrants. Feinstein was narrowly re-elected.[6]
President Bill Clinton urged Californians to reject Proposition 187 as an impediment to federal policy on immigration. After admitting that "it is not wrong for you [Californians] to want to reduce illegal immigration," Clinton asked voters to allow the federal government to "keep working on what we're doing."
In the days leading up to the referendum vote, Latino students organized large protests of Proposition 187 across the state, including a mass boycott of high schools. Their protests often included waving the Mexican flag, a controversial symbol that was described by opponents as counterproductive.
On November 8, 1994, California voters ultimately approved the proposition by a wide margin - 59 percent to 41 percent.[7] According to Los Angeles Times exit polls, 63 percent of white voters and 23 percent of Latino voters voted in support of Proposition 187, with black and Asian voters both split equally for and against the law. Although whites comprised 57% of California's population at the time, they made up 81% of voters in the 1994 general election. Latinos made up only 8% of voters, despite comprising 26% of the state's population.
While 78 percent of Republicans and 62 percent of Independents voted for the initiative, Democrat voters opposed the measure by 64 percent. [8]
Section 1 of Proposition 187 explains provides rationale for the law:
The People of California find and declare as follows:
That they have suffered and are suffering economic hardship caused by the presence of illegal aliens in this state. That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this state. That they have a right to the protection of their government from any person or persons entering this country unlawfully.
Key elements of Proposition 187
Proposition 187 included the following key elements[4]:
- 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). They must also notify the detainee of his or her apparent status as an alien.
- Local governments are prohibited from preventing or limiting the fulfillment of this requirement.
- If government agents suspect anyone applying for benefits of being illegal immigrants, the agents must report their suspicions in writing to the appropriate enforcement authorities.
- A person shall not receive any public social services until he or she has been verified as a United States citizen or as a lawfully admitted alien.
- A person shall not receive any health care services from a publicly-funded health care facility until he or she meets the requirements above.
- A public elementary or secondary school shall not admit or permit the attendance of any child until he or she meets the requirements above.
- By 1996, each school district shall verify the legal status of each child enrolled within the district and the legal status of each parent or guardian of each child.
- A child who is in violation of the requirements above shall not continue to attend the school 90 days from the date of notice to the attorney general and INS.
- The attorney general must keep records on all such cases and make them available to any other government entity that wishes to inspect them.
- The manufacture, distribution, sale, or use of false citizenship or residency documents is a state felony punishable by imprisonment or fine.
Opposition
Despite support largely from conservatives, some prominent conservatives, including unsuccessful Republican gubernatorial candidate Ron Unz, opposed the initiative.[9]
On October 15, more than 70,000 people marched in downtown Los Angeles against the measure.[10]
Results
| Choice | Votes | % |
|---|---|---|
 Yes
|
5,063,537 | 58.93 |
| No | 3,529,432 | 41.07 |
| Valid votes | 8,592,969 | 96.54 |
| Invalid or blank votes | 307,667 | 3.46 |
| Total votes | 8,900,636 | 100.00 |
| Registered voters/turnout | 14,723,784 | 60.45 |
| Source: 1994 Statement of Vote | ||
Legal challenges
The constitutionality of Proposition 187 was challenged by several lawsuits. On November 11, 1994, federal judge Matthew Byrne issued a temporary restraining order against instituting most of it.[11] Multiple cases were consolidated and brought before Judge Mariana Pfaelzer, who in November 1997 found the law to be unconstitutional on the basis that it infringed the federal government's exclusive jurisdiction over matters relating to immigration.[12]
Governor Wilson appealed the ruling, which brought the case to the federal Ninth Circuit Court of Appeals. However, in 1999, newly elected Democratic Governor Gray Davis had the case brought before mediation,[13] and then dropped the appeals process before the courts, effectively killing the law.[14]
Subsequent developments
Along with the rapid increase in the Latino population in California, some analysts cite Governor 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[15]. Governor Arnold Schwarzenegger is the only Republican to win a California gubernatorial, senatorial, or presidential election since 1994.
The measure prompted support for similar bills and state laws since 1995 in Arizona, Colorado, Florida, Georgia, Illinois, Nevada, New Mexico, New York, Oklahoma and Texas.[16]
See also
Notes
- ^ ENRIQUEZ, SAM (October 19, 1994). "Jewish Coalition Opposes Prop. 187". Los Angeles Times. p. 2.
- ^ Bock, Alan W. (October 2, 1994). "Sorting through facts and fiction of immigration". Orange County Register. Santa Ana, Calif. p. J.01.
- ^ Margolis, Jeffrey R. "Closing the Doors to the Land of Opportunity: The Constitutional Controversy Surrounding Proposition 187." The University of Miami Inter-American Law Review. Vol 26, No. 2: p. 368.
- ^ a b Nancy H. Martis (1994). "#187 Illegal Aliens. Ineligibility for public services. Verification and Reporting". California Voter Foundation. Retrieved 2009-04-09.
- ^ DECKER, CATHLEEN; WEINTRAUB, DANIEL M. (November 10, 1994). "Wilson Savors Win; Democrats Assess Damage". Los Angeles Times. p. 1.
- ^ Martin, Philip. ["Proposition 187 in California."] http://www.jstor.org/pss/2547004International Migration Review.' 'Vol 29, No. 1: p. 250.
- ^ http://www.sos.ca.gov/elections/sov/1994-general/1994-general-sov.pdf
- ^ California Opinion Index: "A summary analysis of Voting in the 1994 General Election." http://www.field.com/fieldpollonline/subscribers/COI-94-95-Jan-Election.pdf
- ^ Matthew Miller (1999-07-19). "Ron Unz's Improbable Assault on the Powers That Be in California". New Republic. Retrieved 2009-04-09.
- ^ Rubén G. Rumbaut (2007-09). "Reaping What You Sew: Immigration, Youth, and Reactive Ethnicity" (PDF). The Network on the Transitions to Adulthood. Retrieved 2009-04-09.
{{cite web}}: Check date values in:|date=(help) - ^ "Why Proposition 187 Won't Work". The New York Times. 1994-11-20. Retrieved 2010-04-01.
- ^ Patrick J. Mcdonnell (1997-11-15). "Prop. 187 Found Unconstitutional by Federal Judge". Los Angeles Times. Retrieved 2009-04-09.
- ^ Dave Lesher and Dan Morain (1999-04-16). "Davis Asks Court to Mediate on Prop. 187". Los Angeles Times. Retrieved 2009-04-09.
- ^ Patrick J. Mcdonnell (1999-07-29). "Davis Won't Appeal Prop. 187 Ruling, Ending Court Battles". Los Angeles Times. Retrieved 2009-04-09.
- ^ Raoul Lowery Contreras (2002-08-16). "The death of the California GOP". calnews.com. Retrieved 2009-04-09.
- ^ Richard Lacayo (2004-12-19). "Down on the Downtrodden" (Web). Time. Time, Inc. Retrieved 2008-12-17.
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References
- Balin, Bryan J. "State Immigration Legislation and Immigrant Flows: An Analysis: The Johns Hopkins University School of Advanced International Studies (SAIS), Washington DC 20036, USAState Immigration Legislation and Immigrant Flows". March 2008. [Discusses the effeciveness of California Proposition 187.]
- Mailman, Stanley. "California's Proposition 187 and Its Lessons". New York Law Journal, January 3, 1995. Accessed December 17, 2008.
- Wilson, Pete. "Illegal Immigration: Past, Present and Future": Remarks of Pete Wilson, Former Governor of California, Monday, June 12, 2006, 4:00 p.m. Hudson Institute (Washington, DC), December 12, 2006. Federal News Service. Accessed December 17, 2008. [Transcript of interview with Wilson about California Proposition 187.]
- –––, and Rich Lowry. "Working for Arnold: A Conversation with Schwarzenegger co-chairman Pete Wilson". National Review Online, August 19, 2003. Accessed December 17, 2008.