Immigration Laws: December, 1995 - Number #2

A federal judge in Los Angeles declared most sections of Prop. 187 unconstitutional in a 72-page ruling issued on November 20, 1995. According to the judge, "The authority to regulate immigration belongs exclusively to the federal government, and state agencies are not permitted to assume that authority."

Thus, California may not develop a system for having teachers, doctors, and other service providers report suspected illegal aliens, and state efforts to deny K-12 education to illegal alien children, or welfare benefits that are partially federally funded, are unconstitutional. California may deny illegal aliens post-secondary education, and services that are completely state funded, which means that California colleges and universities may be able to ask the INS about an applicant's immigration status and deny admission to those who are undocumented.

The judge's ruling means that the fate of Prop. 187 will be decided without a trial, in which experts may have been called to testify about the number of illegal immigrants, and the reasons why they come to the US and seek benefits.

Governor Wilson on November 30 asked the Los Angeles judge to reconsider that part of her ruling that prevents California from denying K-12 education to illegal alien children. According to Wilson, the US Supreme Court in its 1982 Plyer v Doe ruling said that Texas must educate unauthorized children because the state presented no evidence that educating such children caused the state any hardship. Wilson asserted that California has such evidence--it estimates the cost of educating unauthorized children at more than $1.5 billion annually.

The State of California plans to appeal the judge's ruling, first to the 9th Circuit Court of Appeals, and eventually to the US Supreme Court. Most the provisions of Prop. 187 will not be implemented during the appeals process.

Many observers believe that approval of Prop 187 in November 1994, plus Congressional actions that restrict the access of non-US citizens to welfare and other benefits, is responsible for the upsurge in applications for US citizenship. About one-third of the 25 million foreign-born persons in the US are naturalized US citizens, and another 10 to 12 million are eligible to naturalize.

There were 340,000 applications for US citizenship in FY92, 592,000 in FY94, and a record one million in FY95.

A Los Angeles health clinic says that despite a seven-month campaign to educate patients about Prop. 187, visits to the clinic remain 25 percent below pre-Prop 187 levels. Doctors in Los Angeles estimate that there has been a 40 percent drop in the number of women visiting the clinic during the first trimester of pregnancy.

"Ruling Voiding Proposition 187," Los Angeles Times, November 28, 1995. Geoffrey Mohan, "Prop. 187 did Harm, say Clinic Doctors, Patients," Los Angeles Times, November 23, 1995. Laura MeCoy, "Prop. 187 backers hope to win appeal," San Francisco Examiner, November 24, 1995. Jenifer Warren and Cathleen Decker, "Prop. 187 ruling frustrating for voters," Los Angles Times, November 22, 1995. Ken Chavez, "Prop. 187's legal woes bare initiative process's pitfalls," November 22, 1995, Sacramento Bee. Paul Feldman, "Major portions of Prop 187 thrown out by Federal judge," Los Angeles Times, November 21, 1995. Larry Hatfield, " Judge strikes most of Prop. 187," The San Francisco Examiner, November 21, 1995.