California Proposition 187 (1994)
Encyclopedia
California Proposition 187 (also known as the Save Our State (SOS) initiative) was a 1994 ballot initiative to establish a state-run citizenship screening system and prohibit illegal alien
s from using health care, public education, and other social services in the U.S.
State of California
. Voters passed the proposed law as a referendum in November 1994; it was the first time that a state had passed legislation related to immigration
, customarily an issue for federal policies and programs. The law was challenged in a legal suit and found unconstitutional by a federal court. In 1999, Governor Gray Davis
halted state appeals against the ruling.
Passage of Proposition 187 reflected state residents' concerns about illegal immigration into the United States and the large Hispanic population in California. Opponents believed the law was discriminatory against immigrants of Hispanic origin; supporters generally insisted that their concerns were economic: that the state could not afford to provide social services for so many illegal residents.
The Republican
assemblyman
Dick Mountjoy
of Monrovia
introduced Proposition 187 to the state legislature as the "Save Our State" (SOS) initiative. It gained enough signatures to be placed on the ballot as a referendum vote during the general election on November 8, 1994. Originally one of several immigration reform bills placed before the California legislature in the early 1990s, polls surveying community responses showed that Proposition 187 began with widespread support - a 37-point lead in July 1994, and 62-29 percent lead among likely voters by September 1994. Proponents of the bill estimated that California spent $3 billion per year on services for illegal aliens, about half of which provided education to children of illegal aliens.
Governor Pete Wilson
, a Republican, 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 more than 20% early during the gubernatorial campaign. Commentators considered his aggressive support of the Proposition 187 as crucial to his re-election.
In the days leading up to the election, Wilson said that he would require all state and local government employees to report suspected illegal aliens to the Attorney General's Office if Proposition 187 passed. State 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, the incumbent Senator Diane Feinstein and Republican challenger Michael Huffington
both adopted tough policies against illegal immigration. The candidates each revealed that they had previously hired illegal aliens for housekeeping and childcare. Unlike Feinstein, Huffington had hired an illegal housekeeper after the Immigration Reform and Control Act of 1986
, which made it illegal to knowingly hire illegal aliens. Feinstein was narrowly re-elected.
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 approved the proposition by a wide margin: 59 percent to 41 percent. According to the Los Angeles Times
exit polls, 63 percent of ethnic European voters and 23 percent of Latino voters voted for Proposition 187; African-American and ethnic Asian voters split their voting equally for and against the law. Although ethnic Europeans comprised 57% of California's population at the time, they comprised 81% of voters in the 1994 general election. Latinos totaled 8% of voters, although they comprised 26% of the state's population.
While 78 percent of Republicans and 62 percent of Independents
voted for the initiative, Democratic voters opposed the measure by 64 percent.
Section 1 of Proposition 187 provides this introduction:
, filed lawsuits against the measure in state court. Multiple local governments outside California, including the city of Denver, Colorado
, threatened to boycott the state altogether. Latino organizations announced that they would not hold conventions in California and urged a boycott by their members and supporters of Disneyland. a major tourist attraction.
Proposition 187 was widely supported by conservatives. Some prominent conservatives, including the unsuccessful Republican gubernatorial candidate Ron Unz
, opposed the initiative. Former White House Secretaries Jack Kemp
and William Bennett
publicly disapproved of Proposition 187.
Due to Proposition 187's statutes requiring children and their parents or legal guardians to prove their legal status, the California State Parent-Teacher Association
joined in opposing the bill. The Democratic gubernatorial candidate, Gray Davis
, who succeeded Wilson, campaigned against Proposition 187. On October 16, 1994, three weeks before Proposition 187 was passed, more than 70,000 people marched in downtown Los Angeles
against the measure.
The Mexican president, Carlos Salinas de Gortari, decried the law as xenophobic and harmful to the human rights of migrant laborers. One week after the bill was approved, Salinas proposed cross-border discussions to develop a "guestworker" program that would permit non-resident Mexicans to work legally in the United States. Such a program had been in place during World War II
.
Matthew Byrne issued a temporary restraining order
against institution of the measure, which was filed by State Attorney General Dan Lungren
. After Judge Mariana Pfaelzer
issued a permanent injunction
of Proposition 187 in December 1994, blocking all provisions except those dealing with higher education and false documents, multiple cases were consolidated and brought before the federal court. In November 1997, Pfaelzer found the law to be unconstitutional on the basis that it infringed on the federal government's exclusive jurisdiction over matters relating to immigration. Pfaelzer also explained that Proposition 187's effect on the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Congressional overhaul of the American welfare system, proved that the bill was a "scheme" to regulate immigration:
Governor Wilson appealed the ruling, which brought the case to the federal Ninth Circuit Court of Appeals
. But in 1999, the newly elected Democratic Governor Gray Davis
had the case brought before mediation. His administration withdrew the appeal before the courts in July 1999, effectively killing the law.
is the only Republican to win a California gubernatorial, senatorial, or presidential election since 1994.
Since 1995 the following states have had similar ballot initiatives or laws passed: Arizona
, Colorado
, Florida
, Georgia
, Illinois
, Nevada
, New Mexico
, New York
, Oklahoma
and Texas
.
Illegal Alien
Illegal Alien or Illegal Aliens may refer to:* Alien , legal concept of legality of aliens* Illegal Aliens , a 2007 film starring Anna Nicole Smith and Chyna...
s from using health care, public education, and other social services in the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
State 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...
. Voters passed the proposed law as a referendum in November 1994; it was the first time that a state had passed legislation related to immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
, customarily an issue for federal policies and programs. The law was challenged in a legal suit and found unconstitutional by a federal court. In 1999, Governor Gray Davis
Gray Davis
Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
halted state appeals against the ruling.
Passage of Proposition 187 reflected state residents' concerns about illegal immigration into the United States and the large Hispanic population in California. Opponents believed the law was discriminatory against immigrants of Hispanic origin; supporters generally insisted that their concerns were economic: that the state could not afford to provide social services for so many illegal residents.
Background and passage
In 1994, California had an estimated 1.3 million illegal aliens, which included approximately 308,000 illegal alien children. Legal residents were increasingly concerned about the costs of providing services to the families of illegal aliens.The Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
assemblyman
California State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
Dick Mountjoy
Dick Mountjoy
Richard L. "Dick" Mountjoy is a Republican politician from Monrovia, California.-Personal life:Mountjoy was born in Los Angeles and graduated from Monrovia-Arcadia-Duarte High School. He was married to Earline Winnett until her death in 2009. He has two sons, Michael and Dennis Lee, and one...
of Monrovia
Monrovia, California
Monrovia is a city located in the foothills of the San Gabriel Mountains in the San Gabriel Valley of Los Angeles County, California, United States. The population was 36,590 at the 2010 census, down from 36,929 at the 2000 census...
introduced Proposition 187 to the state legislature as the "Save Our State" (SOS) initiative. It gained enough signatures to be placed on the ballot as a referendum vote during the general election on November 8, 1994. Originally one of several immigration reform bills placed before the California legislature in the early 1990s, polls surveying community responses showed that Proposition 187 began with widespread support - a 37-point lead in July 1994, and 62-29 percent lead among likely voters by September 1994. Proponents of the bill estimated that California spent $3 billion per year on services for illegal aliens, about half of which provided education to children of illegal aliens.
Governor Pete Wilson
Pete Wilson
Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and...
, a Republican, was a prominent supporter of Proposition 187, which ultimately became a key issue during his 1994 re-election campaign against Democratic opponent Kathleen Brown
Kathleen Brown
Kathleen Lynn Brown is a Democratic politician from California. She is the youngest of four children of former Governor Edmund G. "Pat" Brown and is the sister of current California Governor Edmund G. "Jerry" Brown, Jr...
. After facing record low approval ratings during his first term, Wilson trailed Brown in opinion polls by more than 20% early during the gubernatorial campaign. Commentators considered his aggressive support of the Proposition 187 as crucial to his re-election.
In the days leading up to the election, Wilson said that he would require all state and local government employees to report suspected illegal aliens to the Attorney General's Office if Proposition 187 passed. State Attorney General Dan Lungren
Dan Lungren
Daniel Edward "Dan" Lungren is the U.S. Representative for , serving since 2005. The district covers most of Sacramento County and part of Solano County, as well as all of Alpine, Amador and Calaveras counties...
, 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
United States Senate election in California, 1994
The 1994 United States Senate election in California was held on November 8, 1994. Incumbent Democratic U.S. Senator Dianne Feinstein won re-election to her first full term.-Primary results:-Democratic:-Republican:-Peace & Freedom:...
campaign, the incumbent Senator Diane Feinstein and Republican challenger Michael Huffington
Michael Huffington
Michael Huffington is an American politician, bisexual activist, and film producer. He was a member of the Republican Party, and a member of the United States House of Representatives for one term, 1993–1995, from California...
both adopted tough policies against illegal immigration. The candidates each revealed that they had previously hired illegal aliens for housekeeping and childcare. Unlike Feinstein, Huffington had hired an illegal housekeeper after the Immigration Reform and Control Act of 1986
Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act , , also Simpson-Mazzoli Act, is an Act of Congress which reformed United States immigration law.In brief the act:* required employers to attest to their employees' immigration status....
, which made it illegal to knowingly hire illegal aliens. Feinstein was narrowly re-elected.
President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
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 approved the proposition by a wide margin: 59 percent to 41 percent. According to the Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
exit polls, 63 percent of ethnic European voters and 23 percent of Latino voters voted for Proposition 187; African-American and ethnic Asian voters split their voting equally for and against the law. Although ethnic Europeans comprised 57% of California's population at the time, they comprised 81% of voters in the 1994 general election. Latinos totaled 8% of voters, although they comprised 26% of the state's population.
While 78 percent of Republicans and 62 percent of Independents
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
voted for the initiative, Democratic voters opposed the measure by 64 percent.
Section 1 of Proposition 187 provides this introduction:
The People of California find and declare as follows:
That they have suffered and are suffering economic hardship caused by the presence of illegal immigrants in this state.
That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal immigrants in this state.
That they have a right to the protection of their government from any person or persons entering this country unlawfully.
Results
Key elements of Proposition 187
Proposition 187 included the following key elements:- 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 ServiceImmigration and Naturalization ServiceThe United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
(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
After the bill's passage, activists on campuses, churches, and ethnic communities across California and across the country to express opposition to Proposition 187. Critics argued that the bill was xenophobic and discriminated against ethnic minorities, especially those of Latino origin. Others were fearful that the costs of a state-run citizenship screening system and the potential loss of federal funds would off-set any savings of denying public benefits to illegal aliens. The day after the law was approved, an alliance of Latino and civil rights groups, including Mexican American Legal Defense and Educational Fund and American Civil Liberties UnionAmerican Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, filed lawsuits against the measure in state court. Multiple local governments outside California, including the city of Denver, Colorado
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
, threatened to boycott the state altogether. Latino organizations announced that they would not hold conventions in California and urged a boycott by their members and supporters of Disneyland. a major tourist attraction.
Proposition 187 was widely supported by conservatives. Some prominent conservatives, including the unsuccessful Republican gubernatorial candidate Ron Unz
Ron Unz
Ronald Keeva Unz, is a former businessman and political activist, best known for an unsuccessful race in 1994 for the governorship of California, and for sponsoring propositions promoting structured English immersion education. In March 2007, The American Conservative named him its new publisher...
, opposed the initiative. Former White House Secretaries Jack Kemp
Jack Kemp
Jack French Kemp was an American politician and a collegiate and professional football player. A Republican, he served as Housing Secretary in the administration of President George H. W. Bush from 1989 to 1993, having previously served nine terms as a congressman for Western New York's 31st...
and William Bennett
William Bennett
William John "Bill" Bennett is an American conservative pundit, politician, and political theorist. He served as United States Secretary of Education from 1985 to 1988. He also held the post of Director of the Office of National Drug Control Policy under George H. W...
publicly disapproved of Proposition 187.
Due to Proposition 187's statutes requiring children and their parents or legal guardians to prove their legal status, the California State Parent-Teacher Association
Parent-Teacher Association
In the U.S. a parent-teacher association or Parent-Teacher-Student Association is a formal organization composed of parents, teachers and staff that is intended to facilitate parental participation in a public or private school. Most public and private K-8 schools in the U.S. have a PTA, a...
joined in opposing the bill. The Democratic gubernatorial candidate, Gray Davis
Gray Davis
Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
, who succeeded Wilson, campaigned against Proposition 187. On October 16, 1994, three weeks before Proposition 187 was passed, more than 70,000 people marched in downtown Los Angeles
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
against the measure.
The Mexican president, Carlos Salinas de Gortari, decried the law as xenophobic and harmful to the human rights of migrant laborers. One week after the bill was approved, Salinas proposed cross-border discussions to develop a "guestworker" program that would permit non-resident Mexicans to work legally in the United States. Such a program had been in place during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
Legal challenges
The constitutionality of Proposition 187 was challenged by several lawsuits. On November 11, 1994, three days after the bill's passage, Federal JudgeFederal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
Matthew Byrne issued a temporary restraining order
Restraining order
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
against institution of the measure, which was filed by State Attorney General Dan Lungren
Dan Lungren
Daniel Edward "Dan" Lungren is the U.S. Representative for , serving since 2005. The district covers most of Sacramento County and part of Solano County, as well as all of Alpine, Amador and Calaveras counties...
. After Judge Mariana Pfaelzer
Mariana Pfaelzer
Mariana R. Pfaelzer is a United States federal judge.Born in Los Angeles, California, Pfaelzer received an A.B. from the University of California, Santa Barbara in 1949 and a J.D. from the UCLA School of Law in 1957...
issued a permanent injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
of Proposition 187 in December 1994, blocking all provisions except those dealing with higher education and false documents, multiple cases were consolidated and brought before the federal court. In November 1997, Pfaelzer found the law to be unconstitutional on the basis that it infringed on the federal government's exclusive jurisdiction over matters relating to immigration. Pfaelzer also explained that Proposition 187's effect on the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Congressional overhaul of the American welfare system, proved that the bill was a "scheme" to regulate immigration:
"California is powerless to enact its own legislative scheme to regulate immigration. It is likewise powerless to enact its own legislative scheme to regulate alien access to public benefits."
Governor Wilson appealed the ruling, which brought the case to the federal 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...
. But in 1999, the newly elected Democratic Governor Gray Davis
Gray Davis
Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
had the case brought before mediation. His administration withdrew the appeal before the courts in July 1999, effectively killing the law.
Subsequent developments
Noting a rapid increase in the Latino participation in California elections, some analysts cite Governor Wilson's and the Republican Party's embrace of Proposition 187 as a cause of the failure of the party to win statewide elections. Governor Arnold SchwarzeneggerArnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
is the only Republican to win a California gubernatorial, senatorial, or presidential election since 1994.
Since 1995 the following states have had similar ballot initiatives or laws passed: Arizona
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...
, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
.
See also
- California Coalition for Immigration ReformCalifornia Coalition for Immigration ReformCalifornia Coalition for Immigration Reform is a Huntington Beach, California-based political advocacy group devoted to immigration reduction...
- Gallegly amendmentGallegly amendmentThe Gallegly amendment was introduced by Representative Elton Gallegly to the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. Its purpose was to allow states to deny public education or charge tuition to illegal alien children in the United States, thereby overturning the...