Arizona Proposition 200 (2004)
Encyclopedia
Proposition 200, an Arizona
state initiative
passed in November 2004 with 56% of the vote, requires individuals to produce proof of citizenship before they may register to vote or apply for public benefits in Arizona. The proposition also makes it a misdemeanor
for public officials to fail to report persons unable to produce documentation of citizenship who apply for these benefits, and allows citizens who believe that public officials have given undocumented persons benefits to sue for remedies. Authors of the ballot measure, the "Protect Arizona Now" committee, wrote it because of a serious concern for lax voter registration and voting procedures and concerns that public services to immigrants from neighboring Mexico
, many of whom are illegal immigrants, were too costly.
Opponents called it anti-immigrant
, and considered it to be reminiscent of California
's 1994 Proposition 187.
(R), Senator Jon Kyl
(R), Governor Janet Napolitano
(D), the Arizona Republican Party
, the Arizona Democratic Party, the Green Party
, the Libertarian Party
, the AFL-CIO
, and other elected officials and organizations were all opposed to Protect Arizona Now. http://phoenix.about.com/b/a/107400.htm Meanwhile, the Big-Business op-ed page of the Wall Street Journal, opposed Prop. 200. http://www.opinionjournal.com/editorial/feature.html?id=110005830 Tamar Jacoby, a business interest supporter opposed Prop. 200 in the Los Angeles Times. http://www.manhattan-institute.org/html/_latimes-anti_immigration.htm
Two separate, rival groups supported Proposition 200: Prop 200's sponsor "Protect Arizona Now" led by Kathy McKee and supported at the national level by the Carrying Capacity Network (CCN) and Population-Environment Balance (PEB), and "Yes on 200" led by Rusty Childress and supported at the national level by Federation for American Immigration Reform
(FAIR). The split within PAN, which McKee described as an "attempted hijacking of a local effort by greedy, out-of-state interests", highlighted an ongoing feud within the immigration reduction
movement between FAIR and the two national groups which dates back to at least 2003, with CCN and PEB issuing frequent statements accusing FAIR (as well as NumbersUSA
) of being "reform lite" and "undermining real immigration reform".
The Protect Arizona Now committee was formed by Kathy McKee and Rusty Childress, who became its chair and treasurer respectively. The PAN National Advisory Board was chaired by Dr. Virginia Abernethy
, and included Dr. David Pimentel and Marvin Gregory. Childress later joined a separate effort, Yes On 200, organized by the (FAIR).
During the signature gathering campaign, Kathy McKee accused Rusty Childress, a Phoenix-area car dealer and PAN's treasurer, of withholding funds and petitions from PAN, and fired Childress. Childress sued McKee over custody of PAN's signatures and funds, but the court ruled in favor of McKee. Childress and the two most prominent supporters of the initiative within the Arizona state legislature, Russell Pearce
and Randy Graf
, then formed a separate organization, Yes On 200, which was funded almost entirely by out-of-state interests. When FAIR began an independent signature gathering campaign to collect the remaining signatures needed to put the initiative on the ballot, McKee accused FAIR of attempting a hostile takeover of PAN. McKee named Virginia Abernethy
the chair of PAN's national advisory board. During the Campaign, it became known that Abernethy is an avowed "white separatist." FAIR responded by issuing a press release calling for both McKee and Abernethy to resign from PAN, calling Abernethy's views "repulsive separatist views." Abernethy drew heated criticism for her close relationship with the Council of Conservative Citizens
, a direct descendant of the White Citizens' Councils of the 1950s, from which she had resigned.
civil rights
. Supporters also relied for justification on a FAIR study that determined that Arizona taxpayers pay $1.3 billion to cover health, education, and incarceration costs of illegal immigrants. This FAIR study is contradicted directly by the Wells-Fargo Thunderbird School of International Management, an international business graduate school in Phoenix, AZ, which in 2003 published a study called "The Economic Impact of Arizona-Mexico Relationship". The study concludes that immigrants contribute $599 million to Arizona in income and sales taxes every year, while costing the State $250 million in services and $30 million in uncompensated health care. This generates a fiscal surplus for the state of $318 million per year. It is unclear whether the Wells-Fargo study refers to all immigrants, or illegal immigrants.
Exit polls found that 47% of Latino voters voted in favor of the initiative.
ruled that the law pertains to only discretionary state programs. Federally funded entitlements like food stamps and subsidized school lunches are examples of public benefits to which, given the Attorney General's finding, the new law will not apply. Proposition 200's sponsor, Protect Arizona NOW, continues to hold to the wording of Prop 200 that applies the welfare portion of the initiative to the nearly 60 programs contained in Arizona Revised Statutes Title 46-Welfare.
As of December 23, 2004, the federal appeals court in Tucson, Arizona
had removed an earlier restraining order that had kept the state from enacting the law. The new law is, for the time being, exigent, with the definition of "public benefits" promulgated by the Governor and Attorney General. City, state, and county workers will be fined up to $700 for each instance in which they provide such benefits to persons who cannot produce evidence of citizenship.
Kathy McKee has since started a new group, Protect America NOW, to support similar initiatives in other states.
. On October 5, 2006, the Ninth Circuit Court of Appeals
temporarily suspended the requirement of poll identification, a little over a month from the election. However, the ruling was stayed fifteen days later by the U.S. Supreme Court.
The proposition was held by a 3-judge panel of the Ninth Circuit Court of Appeals to be invalid in 2010, as preempted
by the National Voter Registration Act of 1993
. The Ninth Circuit granted Arizona's petition for en banc review of this ruling, and it heard oral arguments on June 21, 2011.
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
state initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
passed in November 2004 with 56% of the vote, requires individuals to produce proof of citizenship before they may register to vote or apply for public benefits in Arizona. The proposition also makes it a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
for public officials to fail to report persons unable to produce documentation of citizenship who apply for these benefits, and allows citizens who believe that public officials have given undocumented persons benefits to sue for remedies. Authors of the ballot measure, the "Protect Arizona Now" committee, wrote it because of a serious concern for lax voter registration and voting procedures and concerns that public services to immigrants from neighboring Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, many of whom are illegal immigrants, were too costly.
Opponents called it anti-immigrant
Nativism (politics)
Nativism favors the interests of certain established inhabitants of an area or nation as compared to claims of newcomers or immigrants. It may also include the re-establishment or perpetuation of such individuals or their culture....
, and considered it to be reminiscent of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
's 1994 Proposition 187.
Proponents
Despite a huge effort by political leadership on both sides of the aisle to defeat it, the electorate passed Proposition 200 with 56 percent of voters voting in the affirmative. Opposition to Prop 200 was bipartisan: Senator John McCainJohn McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
(R), Senator Jon Kyl
Jon Kyl
Jon Llewellyn Kyl is the junior U.S. Senator from Arizona and the Senate Minority Whip, the second-highest position in the Republican Senate leadership. In 2010 he was recognized by Time magazine as one of the 100 most influential people in the world for his persuasive role in the Senate.The son...
(R), Governor Janet Napolitano
Janet Napolitano
Janet Napolitano is the third and current United States Secretary of Homeland Security, serving in the administration of President Barack Obama. She is the fourth person to hold the position, which was created after the 9/11 terrorist attacks. A member of the Democratic Party, she was the 21st...
(D), the Arizona Republican Party
Arizona Republican Party
The Arizona Republican Party is the affiliate of the Republican Party in Arizona. Its headquarters is in Phoenix.- Elected officers of the State Committee:- State Executive Committee :- State Committee :* The 15 county Republican chairmen...
, the Arizona Democratic Party, the Green Party
Green Party (United States)
The Green Party of the United States is a nationally recognized political party which officially formed in 1991. It is a voluntary association of state green parties. Prior to national formation, many state affiliates had already formed and were recognized by other state parties...
, the Libertarian Party
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...
, the AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
, and other elected officials and organizations were all opposed to Protect Arizona Now. http://phoenix.about.com/b/a/107400.htm Meanwhile, the Big-Business op-ed page of the Wall Street Journal, opposed Prop. 200. http://www.opinionjournal.com/editorial/feature.html?id=110005830 Tamar Jacoby, a business interest supporter opposed Prop. 200 in the Los Angeles Times. http://www.manhattan-institute.org/html/_latimes-anti_immigration.htm
Two separate, rival groups supported Proposition 200: Prop 200's sponsor "Protect Arizona Now" led by Kathy McKee and supported at the national level by the Carrying Capacity Network (CCN) and Population-Environment Balance (PEB), and "Yes on 200" led by Rusty Childress and supported at the national level by Federation for American Immigration Reform
Federation for American Immigration Reform
The Federation for American Immigration Reform is a non-profit tax exempt educational organization in the United States that advocates changes in U.S. immigration policy that would result in significant reductions in immigration, both legal and illegal...
(FAIR). The split within PAN, which McKee described as an "attempted hijacking of a local effort by greedy, out-of-state interests", highlighted an ongoing feud within the immigration reduction
Immigration reduction
Immigration reduction refers to a movement in the United States that advocates a reduction in the amount of immigration allowed into the country. Steps advocated for reducing the numbers of immigrants include advocating stronger action to prevent illegal entry and illegal immigration, and...
movement between FAIR and the two national groups which dates back to at least 2003, with CCN and PEB issuing frequent statements accusing FAIR (as well as NumbersUSA
NumbersUSA
NumbersUSA is an immigration reduction organization that seeks to reduce US immigration levels to pre-1965 levels without country of origin quotas as established in the Immigration Act of 1924. It advocates for immigration reduction through user-generated fax, email, and direct mail campaigns...
) of being "reform lite" and "undermining real immigration reform".
The Protect Arizona Now committee was formed by Kathy McKee and Rusty Childress, who became its chair and treasurer respectively. The PAN National Advisory Board was chaired by Dr. Virginia Abernethy
Virginia Abernethy
Virginia Deane Abernethy is an American professor of psychiatry and anthropology at Vanderbilt University School of Medicine. She received a B.A. from Wellesley College, an M.B.A. from Vanderbilt University, and Ph.D. from Harvard University...
, and included Dr. David Pimentel and Marvin Gregory. Childress later joined a separate effort, Yes On 200, organized by the (FAIR).
During the signature gathering campaign, Kathy McKee accused Rusty Childress, a Phoenix-area car dealer and PAN's treasurer, of withholding funds and petitions from PAN, and fired Childress. Childress sued McKee over custody of PAN's signatures and funds, but the court ruled in favor of McKee. Childress and the two most prominent supporters of the initiative within the Arizona state legislature, Russell Pearce
Russell Pearce
Russell Pearce was a Republican Arizona State Senator representing Legislative District 18, which covers most of western and central Mesa and small portions of the Salt River Pima-Maricopa Indian Community, Arizona, USA until ousted in a November 2011 recall election by Senator-elect Jerry Lewis...
and Randy Graf
Randy Graf
Randy J. Graf is a former member of the Arizona State House. He was the Republican nominee for in 2006. The district occupies most of Tucson, all of Cochise County, and parts of Pima, Pinal, and Santa Cruz counties.- Background :...
, then formed a separate organization, Yes On 200, which was funded almost entirely by out-of-state interests. When FAIR began an independent signature gathering campaign to collect the remaining signatures needed to put the initiative on the ballot, McKee accused FAIR of attempting a hostile takeover of PAN. McKee named Virginia Abernethy
Virginia Abernethy
Virginia Deane Abernethy is an American professor of psychiatry and anthropology at Vanderbilt University School of Medicine. She received a B.A. from Wellesley College, an M.B.A. from Vanderbilt University, and Ph.D. from Harvard University...
the chair of PAN's national advisory board. During the Campaign, it became known that Abernethy is an avowed "white separatist." FAIR responded by issuing a press release calling for both McKee and Abernethy to resign from PAN, calling Abernethy's views "repulsive separatist views." Abernethy drew heated criticism for her close relationship with the Council of Conservative Citizens
Council of Conservative Citizens
The Council of Conservative Citizens is an American political organization that supports a large variety of conservative and paleoconservative causes in addition to white nationalism, and white separatism...
, a direct descendant of the White Citizens' Councils of the 1950s, from which she had resigned.
Campaign
On July 5, 2004, Protect Arizona NOW's Chairman, Kathy McKee, pursuant to Arizona law, submitted 190,887 signatures to the Arizona Secretary of State's office, surprising critics who had believed organizers would not be able to garner enough signatures before the deadline. A counter-organization, the Statue of Liberty Coalition, was formed to block Proposition 200, claiming the initiative is racist and will target LatinoLatino
The demonyms Latino and Latina , are defined in English language dictionaries as:* "a person of Latin-American descent."* "A Latin American."* "A person of Hispanic, especially Latin-American, descent, often one living in the United States."...
civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
. Supporters also relied for justification on a FAIR study that determined that Arizona taxpayers pay $1.3 billion to cover health, education, and incarceration costs of illegal immigrants. This FAIR study is contradicted directly by the Wells-Fargo Thunderbird School of International Management, an international business graduate school in Phoenix, AZ, which in 2003 published a study called "The Economic Impact of Arizona-Mexico Relationship". The study concludes that immigrants contribute $599 million to Arizona in income and sales taxes every year, while costing the State $250 million in services and $30 million in uncompensated health care. This generates a fiscal surplus for the state of $318 million per year. It is unclear whether the Wells-Fargo study refers to all immigrants, or illegal immigrants.
Exit polls found that 47% of Latino voters voted in favor of the initiative.
Implementation
A substantial legal battle erupted over the precise definition of "public benefits." Arizona's Attorney GeneralAttorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
ruled that the law pertains to only discretionary state programs. Federally funded entitlements like food stamps and subsidized school lunches are examples of public benefits to which, given the Attorney General's finding, the new law will not apply. Proposition 200's sponsor, Protect Arizona NOW, continues to hold to the wording of Prop 200 that applies the welfare portion of the initiative to the nearly 60 programs contained in Arizona Revised Statutes Title 46-Welfare.
Controversy
Despite withstanding three pre-election and two post-election lawsuits, legal challenges to Proposition 200 are still pending. "Yes on 200" filed a post-election lawsuit, initially dismissed in the lower court but currently on appeal saying that the Attorney General overstepped his bounds when he narrowed the definition of "public benefits."As of December 23, 2004, the federal appeals court in Tucson, Arizona
Tucson, Arizona
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...
had removed an earlier restraining order that had kept the state from enacting the law. The new law is, for the time being, exigent, with the definition of "public benefits" promulgated by the Governor and Attorney General. City, state, and county workers will be fined up to $700 for each instance in which they provide such benefits to persons who cannot produce evidence of citizenship.
Kathy McKee has since started a new group, Protect America NOW, to support similar initiatives in other states.
Identification at the polls
Proposition 200 provided for the requirement of voter identification at the place of voting. No major elections took place after its adoption but before November 7, 2006, and the actual implementation for this feature of the proposition remained unclear. Opponents challenged the constitutionality of such a requirement upon voters, arguing that such a law could be used to discriminate against ethnic groups, thus violating the Fourteenth AmendmentFourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. On October 5, 2006, the Ninth Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
temporarily suspended the requirement of poll identification, a little over a month from the election. However, the ruling was stayed fifteen days later by the U.S. Supreme Court.
The proposition was held by a 3-judge panel of the Ninth Circuit Court of Appeals to be invalid in 2010, as preempted
Federal preemption
Federal preemption refers to the invalidation of US state law when it conflicts with Federal law.-Constitutional basis:According to the Supremacy Clause of the United States Constitution,...
by the National Voter Registration Act of 1993
National Voter Registration Act of 1993
The National Voter Registration Act of 1993 , also known as The Motor Voter Act, was signed into effect by United States President Bill Clinton on May 20, 1993, however, compliance did not become mandatory until 1995...
. The Ninth Circuit granted Arizona's petition for en banc review of this ruling, and it heard oral arguments on June 21, 2011.