California Proposition 187 (1994)
In 1994, a ballot initiative in California attempted to prohibit illegal immigrants from using social services, health care, and public education in California. Introduced by Dick Mountjoy (R), Prop 187 was dubbed the "Save Our State" initiative and was approved in the general election on November 8, 1994 by a 59-41 margin.
At the time of the voting, California's population was 57% White, 25% Latino, 9% Asian-American, and 7% African-American. However, those that voted were 75-80% White, 8-10% Latino, 4-5% Asian-American, and 10% African-American.
In 1994, a ballot initiative in California attempted to prohibit illegal immigrants from using social services, health care, and public education in California. Introduced by Dick Mountjoy (R), Prop 187 was dubbed the "Save Our State" initiative and was approved in the general election on November 8, 1994 by a 59-41 margin.
At the time of the voting, California's population was 57% White, 25% Latino, 9% Asian-American, and 7% African-American. However, those that voted were 75-80% White, 8-10% Latino, 4-5% Asian-American, and 10% African-American.
Major Provisions
1. Illegal aliens were barred from California's public education systems from kindergarten all the way through to the university level. Prop 187 also required public education institutions to verify the legal status of students and their parents before allowing them to enter the system.
2. Similarly, all public healthcare service providers (non-emergency) were required to verify the legal status of the persons seeking services before receiving reimbursement from the state of California.
3. All persons seeking cash assistance and other benefits must verify their legal status
4. All service providers are required to report suspected illegal aliens to California's Attorney General and the INS (Immigration and Naturalization Service) and police were to determine the legal status of any person arrested.
5. The making and use of false documents becomes a state felony.
Opposition and Legal Challenges
2. Similarly, all public healthcare service providers (non-emergency) were required to verify the legal status of the persons seeking services before receiving reimbursement from the state of California.
3. All persons seeking cash assistance and other benefits must verify their legal status
4. All service providers are required to report suspected illegal aliens to California's Attorney General and the INS (Immigration and Naturalization Service) and police were to determine the legal status of any person arrested.
5. The making and use of false documents becomes a state felony.
Opposition and Legal Challenges
The most controversial section of Proposition 187 was the denial of public education to illegal alien children. Opposition quoted the 14th Amendment, which provides a broad definition of citizenship in the United States following the Civil War. In conjunction with this amendment, the Equal Protection Clause required states to provide equal protection under the law to all people within their jurisdictions, but the Supreme Court split the decision 5-4 whether "equal protection" implied equal education for illegal alien children and US-citizen children. Multiple cases were consolidated and brought before Judge Mariana Pfaelzer who deemed the law unconstitutional. Governer Gray Davis dropped the appeals process in 1999.
Implications
Prop 187 supporters argued that illegal aliens, unable to receive public services, will leave California while preventing additional aliens from immigrating into the California. Although Prop 187 was primarily aimed at Mexican immigrants, the lingering effects of the Chinese Exclusion Acts and the Immigration Act of 1924 caused a stir among the Asian community and prompted Asian coalition groups to join the legal battle against Prop 187.
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