1994 California Proposition 187: Difference between revisions
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publisher=calnews.com}}</ref>. Governor [[Arnold Schwarzenegger]] is the only Republican to win a California gubernatorial, senatorial, or presidential election since 1994. |
publisher=calnews.com}}</ref>. Governor [[Arnold Schwarzenegger]] is the only Republican to win a California gubernatorial, senatorial, or presidential election since 1994. |
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However, some California Democrats, such as U.S. Senator [[Diane Feinstein]] and U.S. Representative [[Anthony Beilenson]], also embraced opposition to illegal immigration as an key part of their platforms, perhaps in response to the heightened awareness surrounding this issue.{{ |
However, some California Democrats, such as U.S. Senator [[Diane Feinstein]] and U.S. Representative [[Anthony Beilenson]], also embraced opposition to illegal immigration as an key part of their platforms, perhaps in response to the heightened awareness surrounding this issue.{{Citation needed}} |
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==Subsequent developments== |
==Subsequent developments== |
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Revision as of 20:11, 9 May 2009
California Proposition 187 (also known as the Save Our State initiative) was a 1994 ballot initiative designed to prohibit illegal immigrants from using social services, health care, and public education in the U.S. State of California. It was initially passed by the voters but later found unconstitutional by a federal court.
History
Proposition 187 was introduced by California State Assemblyman Dick Mountjoy (Republican, from Monrovia, California) as the "Save Our State" initiative.[1] In the general election of November 8, 1994, California voters approved the proposition by a 58.93% margin.[2] It was signed into law by Governor Pete Wilson, a prominent supporter of the proposition, the following day. A number of legal challenges led to the law being eventually overturned in federal court.[3]
Key elements of Proposition 187
Proposition 187 included the following key elements[1]:
- 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 government agents suspected anyone applying for benefits of being illegal immigrants, the agents must report their suspicions in writing to the appropriate enforcement authorities.
- Emergency medical care is exempted, as required by federal law, but all other medical benefits have the requirements stated above.
- Primary and secondary education is explicitly included.
Support
While its prominent advocates tended to be political conservatives, Los Angeles-based radio talk-show host Tom Leykis and some liberals 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.[citation needed]
Opposition
Opponents included State Senator Art Torres, who referred to Proposition 187 as "the last gasp of white America in California."[citation needed]
Despite support largely from conservatives, some prominent conservatives, including unsuccessful Republican gubernatorial candidate Ron Unz, opposed the initiative.[4]
On October 15, more than 70,000 people marched in downtown Los Angeles against the measure.[5]
Legal challenges
The constitutionality of Prosposition 187 was challenged by several lawsuits. On November 11, 1994, federal judge Matthew Byrne issued a temporary restraining order against instituting most of it.[6] Multiple cases were consolidated and brought before Judge Mariana Pfaelzer, who in November 1997 found the law to be unconstitutional.[3] Governor Wilson appealed the ruling, which brought the case to the federal Ninth Circuit Court of Appeals. In 1999, newly elected Democratic Governor Gray Davis had the case brought before mediation,[7] and then dropped the appeals process before the courts, effectively killing the law.[8]
Analysis
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[9]. Governor Arnold Schwarzenegger is the only Republican to win a California gubernatorial, senatorial, or presidential election since 1994.
However, some California Democrats, such as U.S. Senator Diane Feinstein and U.S. Representative Anthony Beilenson, also embraced opposition to illegal immigration as an key part of their platforms, perhaps in response to the heightened awareness surrounding this issue.[citation needed]
Subsequent developments
The measure prompted support for similar bills in Illinois, Florida, New York and Texas.[10]
See also
Notes
- ^ a b Nancy H. Martis (1994). "#187 Illegal Aliens. Ineligibility for public services. Verification and Reporting". California Voter Foundation. Retrieved 2009-04-09.
- ^ http://www.sos.ca.gov/elections/sov/1994_general/sov_94_gen_complete.pdf
- ^ a b Patrick J. Mcdonnell (1997-11-15). "Prop. 187 Found Unconstitutional by Federal Judge". Los Angeles Times. Retrieved 2009-04-09.
- ^ 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) - ^ http://www.nytimes.com/1994/11/20/opinion/why-proposition-187-won-t-work.html
- ^ 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.
{{cite news}}: Unknown parameter|coauthors=ignored (|author=suggested) (help)
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.