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1994 California Proposition 187

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 immigrants from using non-emergency health care, public education, and other services in the State of California. Voters passed the proposed law at a referendum on November 8, 1994. The law was challenged in a legal suit the day after its passage, and found unconstitutional by a federal district court on November 11.[1] In 1999, Governor Gray Davis halted state appeals of this ruling.

Proposition 187
November 8, 1994 (1994-11-08)
Illegal Aliens. Ineligibility for Public Services. Verification and Reporting. Initiative Statue.
Results
Choice
Votes %
Yes 5,063,537 58.93%
No 3,529,432 41.07%
Valid votes 8,592,969 96.54%
Invalid or blank votes 307,663 3.46%
Total votes 8,900,632 100.00%
Registered voters/turnout 14,723,784 60.45%
Source: 1994 Statement of Vote

Passage of Proposition 187 reflected state residents' concerns about illegal immigration into the United States. Opponents believed the law was motivated by bigotry against illegal immigrants of Hispanic or Asian origin; supporters maintained that their concerns were economic: that the state could not afford to provide social services for so many people who had entered the country illegally or overstayed their visas.[2][3]

The California Legislative Analyst's Office later said that the cost of verification would be greater than any fiscal benefits of the ballot measure.[4] As the state's demographics have shifted to include more immigrants, the reversal of Proposition 187 has been cited as a reason for the decline of the Republican Party in California.[5]

Background and passage edit

In 1994, California had an estimated 1.3 million illegal immigrants. Some residents were increasingly concerned about the costs of providing services to the families of such illegal immigrants.[6]

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 statutory initiative 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% lead among likely voters by September 1994.[7] Proponents of the bill estimated that California spent $3 billion per year on services for illegal immigrants, about half of which provided education to children of illegal immigrants.[8]

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.[9]

In the days leading up to the election, Wilson said that he would require all state and local government employees to report suspected illegal immigrants 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.[10]

During the United States Senate election in California, 1994 campaign, the incumbent Senator Dianne Feinstein and Republican challenger Michael Huffington both adopted tough policies against illegal immigration. The candidates each revealed that they had previously hired illegal immigrants for housekeeping and childcare. Unlike Feinstein, Huffington had hired a housekeeper who was an illegal immigrant after the Immigration Reform and Control Act of 1986, which made it illegal to knowingly hire illegal immigrants. Feinstein was narrowly re-elected.[11]

President Bill Clinton urged Californians to reject Proposition 187 as an impediment to federal policy on immigration. After stating 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."[11] In November 1994, Clinton publicly criticized the ballot measure, stating that it “is not the answer” to the issues stemming from illegal immigration.[12]

In the days leading up to the ballot measure 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.[11]

On November 8, 1994, California voters approved the proposition by a wide margin: 59% to 41%.[13] According to the Los Angeles Times exit polls, 63% of non-Hispanic white voters and 23% of Latino voters voted for Proposition 187; African-American and ethnic Asian voters split their voting equally for and against the law. Although non-Hispanic whites 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.

Among those who voted on the initiative, 78% of Republicans and 62% of Independents voted for it, while 64% of Democrats opposed it.[14]

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 aliens in this state. That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this state. That they have a right to the protection of their government from any person or persons entering this country unlawfully.[15]

Key elements of Proposition 187 edit

Proposition 187 included the following key elements:[7]

  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). They must also notify the detainee of his or her apparent status as an alien.
  2. Local governments are prohibited from preventing or limiting the fulfillment of this requirement.
  3. 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.
  4. People shall not receive any public social services until verified as a United States citizen or as a lawfully admitted alien.
  5. People shall not receive any health care services from a publicly funded health care facility until verified as a United States citizen or as a lawfully admitted alien.
  6. A public elementary or secondary school shall not admit or permit the attendance of any child until verified as a United States citizen or as a lawfully admitted alien.
  7. 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.
  8. 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.
  9. The attorney general must keep records on all such cases and make them available to any other government entity that wishes to inspect them.
  10. The manufacture, distribution, sale, or use of false citizenship or residency documents is a state felony punishable by imprisonment or fine.

Opposition edit

 
Protesters of Proposition 187 in Fresno, California in 1994

Activists on campuses, churches, and ethnic communities in California and across the country rallied to express opposition to Proposition 187. Critics argued that the measure 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 unlawful residents.[16] 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 Union, filed lawsuits against the measure in state court.[17][18] 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.[19]

In the weeks leading up to the election, opponents of Proposition 187 led a series of demonstrations. These events gathered several thousands of people. One of the largest protests of the proposition, as well as one of the largest protests in Los Angeles history, was held on October 16, 1994, when an estimated 70,000 people marched through the downtown area.[20] The line of demonstrators stretched at least a mile long.[20] Two weeks later, 7,000 people participated in another rally against Proposition 187 that took the form of a concert in which dozens of musicians and speakers performed.[21]

Young people, particularly Hispanic students, organized their own protests. Most often, these involved campus walkouts. Students as young as middle schoolers participated.[22] In one of the largest student-led demonstrations against Proposition 187, more than 10,000 young people walked out from more than 30 campuses in the Los Angeles Unified School District.[23] The protest was held without endorsement by any official groups; instead, students had been encouraged to stay in school and stage sit-ins as an alternative.[23]

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.[24] The Democratic gubernatorial candidate, Gray Davis, who succeeded Wilson, campaigned against Proposition 187.

Proposition 187 was widely supported by conservatives. However, some prominent conservatives, including former Congressman and Secretary of Housing and Urban Development Jack Kemp, former Secretary of Education William Bennett, and unsuccessful Republican gubernatorial candidate Ron Unz, publicly opposed the initiative.[25][26]

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 "guest worker" program that would permit non-resident Mexicans to work legally in the United States.[27] Such a program had been in place during World War II.

Ethnic minority reactions edit

Reactions against the proposition varied between and within different ethnic minority groups. Latino communities are cited as having been the most active; Hispanic students in particular were marked as they marched in the streets with Mexican flags. Some sources claim that this reaction might have caused indecisive voters to vote in favor of the proposition.[28] After the election, Harold Ezell, the former Immigration and Naturalization Service Director who helped author Proposition 187, maintained that the "biggest mistake the opposition made was waving those green and white flags with the snake on it. They should have been waving the American flag."[29] When Hispanic students were criticized for waving Mexican flags during demonstrations in Los Angeles, community leaders responded to the controversy by saying that it was "a symbolic clinging to self-pride".[30] But some movement leaders did attempt to address these criticisms. As the election drew near, organizers sold thousands of American flags at their demonstrations against Proposition 187.[31]

Asian communities in particular were divided, with a slight tendency towards supporting the proposition with 57 percent voting in favor.[28] However, as the bill became more visible, Asian communities came to be known as a group that took increasingly more visceral actions. Over time, general populist support for the bill dropped from 49% to 38%, a drop that is credited to the "massive organizing among California's communities of color, particularly the Latino and Asian communities".[32] In fact, the largest organized group in support of Proposition 187 at the time of October 1994 was the Asian Americans for Border Control in Sylmar, which had only ten members. On the other hand, Chinese, Japanese, Cambodian, Thai and Korean alliances and coalitions banded to form the Asian Pacific Islanders Against Proposition 187 which consisted of hundreds of members.[33] Significantly, many consider the strong reactions against Proposition 187 as the first time such numbers of Asian Americans have come together, with around 60 organizations joining forces.[33]

Legal challenges edit

The constitutionality of Proposition 187 was challenged by several lawsuits. On November 11, 1994, three days after the bill's passage, Federal Judge W. Matthew Byrne issued a temporary restraining order against institution of the measure, which was filed by State Attorney General Dan Lungren.[34] 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.[35] 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."[36]

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.[37] His administration withdrew the appeal before the courts in July 1999, effectively killing the law.[38]

The unenforceable sections of Proposition 187 remained on the books until 2014. In September of that year, California passed a bill, SB 396, that removed those sections from California's education, health and safety, and welfare codes, as a symbolic act after the overturn of Prop.187. Bill author Kevin de León said this "closes a dark chapter in our state’s history, and brings dignity and respect to the national immigration debate."[39][40]

Legacy edit

Noting a rapid increase in the number of Latinos voting in California elections, some analysts cite Wilson and the Republican Party's embrace of Proposition 187 as a cause of the subsequent failure of the party to win statewide elections.[41][42] A 2006 study published in the American Journal of Political Science found that Republican support of Proposition 187 and two later state ballot initiatives—Proposition 209 in 1996, which ended affirmative action at governmental institutions, and Proposition 227 in 1998, which limited bilingual education in public schools—shifted both white and Latino voters in California away from identifying with the Republican Party and toward the Democratic Party.[5] The authors of the study said that the "results raise serious questions about the long-term efficacy of racially divisive strategies for electoral gain."[5] Studies published in 2001 and 2011 also show that Proposition 187 mobilized Hispanic voters for the Democratic Party.[43][44] A 2016 article by pro-immigration researcher Alex Nowrasteh came to the same conclusion.[45] However, a 2018 study questioned the conventional wisdom that Proposition 187 led to an abrupt realignment in Latino voters' political preferences.[46]

Conservative group Eagle Forum instead argues that immigration, whether legal or not, made California's electorate more liberal.[47] Fred Bauer of National Review concurs, adding that Democrats have usually controlled both branches of the California state legislature since the 1960s and that the Democratic Party has had consistently strong support among both white and Hispanic voters in California.[48] Bill Whalen, a former aide to Wilson, in an article for Forbes, noted that Proposition 187 was popular among voters and that Republican struggles in California are partly due to women gradually moving away from the party for other reasons, particularly reproductive rights.[49] Whalen also cited Schwarzenegger's reelection as governor in 2006, in which he won 39% of the votes cast by Latinos, as evidence that Proposition 187 did not harm Republicans' chances of being elected in California.[49] Writing after Schwarzenegger's 2003 recall election victory, Debra J. Saunders of The Weekly Standard noted that he won the election despite voting for Proposition 187, which other publications had claimed would seriously jeopardize his bid.[50]

Between 1995 and 2004 the following states passed similar ballot initiatives or laws: Arizona, Colorado, Florida, Georgia, Illinois, Nevada, New Mexico, New York, Oklahoma and Texas.[51]

During Donald Trump's 2016 U.S. presidential campaign, his use of "anti-immigrant tactics" drew comparisons from media members to Wilson and California Proposition 187.[52] Seema Mehta of the Los Angeles Times wrote, "Many have had a visceral reaction to Trump's proposals that include deporting 11 million people and building an enormous border wall. Protests greet Trump whenever he holds rallies in California."[52]

See also edit

References edit

  1. ^ "California Proposition 187, Illegal Aliens Ineligible for Public Benefits (1994)". Ballotpedia. Retrieved March 5, 2019.
  2. ^ ENRIQUEZ, SAM (October 19, 1994). "Jewish Coalition Opposes Prop. 187". Los Angeles Times. p. 2.
  3. ^ Bock, Alan W. (October 2, 1994). "Sorting through facts and fiction of immigration". Orange County Register. Santa Ana, Calif. p. J.01.
  4. ^ "Why California Should Vote 'No' on Proposition 187 : This great state is bigger and better and wiser than this". Los Angeles Times. November 2, 1994. ISSN 0458-3035. Retrieved March 5, 2019.
  5. ^ a b c Bowler, Shaun; Nicholson, Stephen P.; Segura, Gary M. (2006). (PDF). American Political Science Review. 50: 146–159. doi:10.1111/j.1540-5907.2006.00175.x. Archived from the original (PDF) on December 4, 2018. Retrieved January 28, 2017 – via UCmerced.edu.
  6. ^ Margolis, Jeffrey R. "Closing the Doors to the Land of Opportunity: The Constitutional Controversy Surrounding Proposition 187", The University of Miami Inter-American Law Review, Vol 26, No. 2: pp. 368-369
  7. ^ a b Nancy H. Martis (1994). . California Voter Foundation. Archived from the original on February 20, 1999. Retrieved June 13, 2010.
  8. ^ Margolis, p. 369
  9. ^ DECKER, CATHLEEN; WEINTRAUB, DANIEL M. (November 10, 1994). "Wilson Savors Win; Democrats Assess Damage". Los Angeles Times. p. 1.
  10. ^ Bailey, Eric (November 8, 1994). "CALIFORNIA ELECTIONS / PROPOSITION 187 : Lungren Backs Prop. 187; Late Stance Assailed : Though citing concerns, attorney general calls measure the right vehicle for constitutional test. Election rival Tom Umberg accuses him of caving in to supporters of the measure". Los Angeles Times. Retrieved May 30, 2023.
  11. ^ a b c Martin, Philip (1995). "Proposition 187 in California". The International Migration Review. 29 (1): 255–263. doi:10.2307/2547004. ISSN 0197-9183. Retrieved May 30, 2023.
  12. ^ LAUTER, DAVID; BRODER, JOHN M. (November 5, 1994). "Clinton Attacks Prop. 187 at City Hall Rally". Los Angeles Times. ISSN 0458-3035. Retrieved March 5, 2019.
  13. ^ "1994 General election results" May 20, 2011, at the Wayback Machine, Save Our State (SOS) Website
  14. ^ California Opinion Index: "A summary analysis of Voting in the 1994 General Election" October 20, 2010, at the Wayback Machine, Field Poll Online
  15. ^ "Proposition 187: Text of Proposed Law". Illegal Aliens. Ineligibility for Public Services. Verification and Reporting. California Proposition 187. 1994. p. 91. Retrieved July 4, 2018.
  16. ^ Suárez-Orozco, Marcelo M. (1996). "California Dreaming: Proposition 187 and the Cultural Psychology of Racial and Ethnic Exclusion". Anthropology & Education Quarterly. 27 (2): 161. doi:10.1525/aeq.1996.27.2.04x0225q. JSTOR 3195728.
  17. ^ Oct 24; History, 2019 | MALDEF in. "Proposition 187: The Granddaddy of Anti-Immigrant Measures | MALDEF". Retrieved May 1, 2023.{{cite web}}: CS1 maint: numeric names: authors list (link)
  18. ^ McDonnell, Patrick J. (July 29, 1999). "Davis Won't Appeal Prop. 187 Ruling, Ending Court Battles". Los Angeles Times. p. 1. Archived from the original on July 1, 2012.
  19. ^ Suarez-Orozco, p. 161
  20. ^ a b McDonnell, Patrick J.; Lopez, Robert J. (October 17, 1994). "L.A. March Against Prop. 187 Draws 70,000: Protestors condemn Wilson for backing initiative that they say promotes 'racism, scapegoating'". Los Angeles Times.
  21. ^ Lopez, Robert J. (October 31, 1994). "7,000 Attend Protest Denouncing Proposition 187". Los Angeles Times.
  22. ^ Alvarez, Fred (November 9, 1994). "Last-Minute Rallies Held by Students". Los Angeles Times.
  23. ^ a b Pyle, Amy; Shuster, Beth (November 3, 1994). "10,000 Students Protest Prop. 187: Walkouts around Los Angeles are largest yet showing campus opposition to initiative. The teen-agers are mostly peaceful, with only 12 arrests reported". Los Angeles Times.
  24. ^ Suarez-Orozco, p. 161.
  25. ^ Matthew Miller (July 19, 1999). "Ron Unz's Improbable Assault on the Powers That Be in California". New Republic. Retrieved April 9, 2009.
  26. ^ Martin, p. 260.
  27. ^ Martin, p. 261.
  28. ^ a b Martin, Philip (1995). "Proposition 187 in California". The International Migration Review. 29: 258–259. doi:10.1177/019791839502900111. S2CID 143724092.
  29. ^ Banks, Sandy (November 10, 1994). "Unflagging Controversy: Why did some protesters against Proposition 187 carry the red, white and green instead of the red, white and blue? To Latinos, it was prideful. To many Americans, it was insulting". Los Angeles Times.
  30. ^ Banks, Sandy (November 10, 1994). . Los Angeles Times. Simon Romero (contributor). Archived from the original on June 27, 2021. Alt URL
  31. ^ Banks, Sandy (November 10, 1994). "Unflagging Controversy: Why did some protesters against Proposition 187 carry the red, white and green instead of the red, white and blue? To Latinos, it was prideful. To many Americans, it was insulting". Los Angeles Times. Alt URL
  32. ^ Josef Barton (1994). . Financial Times. Archived from the original on June 22, 2011. Retrieved March 4, 2018.
  33. ^ a b K. Connie Kang (1994). . Los Angeles Times. Archived from the original on February 6, 2012. Retrieved March 4, 2019.
  34. ^ "Why Proposition 187 Won't Work". The New York Times. November 20, 1994. Retrieved April 1, 2010.
  35. ^ Patrick J. Mcdonnell (November 15, 1997). "Prop. 187 Found Unconstitutional by Federal Judge". Los Angeles Times. Retrieved April 9, 2009.
  36. ^ "California: Proposition 187 Unconstitutional". Migration News. 4. 1997 – via migration.ucdavis.edu.
  37. ^ Dave Lesher and Dan Morain (April 16, 1999). "Davis Asks Court to Mediate on Prop. 187". Los Angeles Times. Retrieved April 9, 2009.
  38. ^ Patrick J. Mcdonnell (July 29, 1999). "Davis Won't Appeal Prop. 187 Ruling, Ending Court Battles". Los Angeles Times. Retrieved April 9, 2009.
  39. ^ McGreevy, Patrick (September 15, 2014). "Gov. Brown signs bill repealing unenforceable parts of Prop. 187". Los Angeles Times. Retrieved September 16, 2014.
  40. ^ McGreevy/Willon. "Brown Signs Bill Cutting Language on Undocumented Immigrants". Los Angeles Times. Retrieved September 17, 2014.
  41. ^ Raoul Lowery Contreras (August 16, 2002). The death of the California GOP. calnews.com. ISBN 9780595256914. Retrieved April 9, 2009.
  42. ^ "The Prop 187 Effect: How the California GOP lost their way and implications for 2014 and beyond". Latino Decisions. Retrieved October 13, 2015.
  43. ^ Dyck, Joshua J.; Johnson, Gregg B.; Wasson, Jesse T. (May 1, 2012). "A Blue Tide in the Golden State: Ballot Propositions, Population Change, and Party Identification in California". American Politics Research. 40 (3): 450–475. doi:10.1177/1532673X11427948. ISSN 1532-673X. S2CID 153521530.
  44. ^ Pantoja, Adrian D.; Ramirez, Ricardo; Segura, Gary M. (December 1, 2001). "Citizens by Choice, Voters by Necessity: Patterns in Political Mobilization by Naturalized Latinos". Political Research Quarterly. 54 (4): 729–750. doi:10.1177/106591290105400403. ISSN 1065-9129. S2CID 154050783.
  45. ^ Nowrasteh, Alex (July 20, 2016). "Proposition 187 Turned California Blue". Cato Institute.
  46. ^ Hui, Iris; Sears, David O. (March 1, 2018). "Reexamining the Effect of Racial Propositions on Latinos' Partisanship in California". Political Behavior. 40 (1): 149–174. doi:10.1007/s11109-017-9400-1. ISSN 0190-9320. S2CID 151802748.
  47. ^ Eagle Forum (December 6, 2014). "How Mass (Legal) Immigration Dooms a Conservative Republican Party". Retrieved September 16, 2014.
  48. ^ "Pete Wilson Did Not Make California Turn Blue: Unraveling a Myth". National Review. Retrieved January 28, 2017.
  49. ^ a b Whalen, Bill. "Blaming The California GOP's Woes On Pete Wilson? Nice Tale, But Not The Whole Story". Forbes. Retrieved January 28, 2017.
  50. ^ Saunders, Debra J. (October 20, 2003). . Weekly Standard. Archived from the original on February 28, 2017. Retrieved January 28, 2017.
  51. ^ Lacayo, Richard (December 19, 2004). "Down on the Downtrodden". Time. Archived from the original on February 4, 2013. Retrieved December 17, 2008.
  52. ^ a b Mehta, Seema. "California Latino Republicans see Prop. 187's ghost in Trump's campaign". Los Angeles Times. Retrieved January 28, 2017.

Further reading edit

  • Alvarez, R. Michael, and Tara L. Butterfield. "The resurgence of nativism in California? The case of Proposition 187 and illegal immigration." Social Science Quarterly (2000): 167-179. online
  • Balin, Bryan J. "State Immigration Legislation and Immigrant Flows: An Analysis: School of Advanced International Studies (SAIS) (2008) pp 1-20.
  • Bosniak, Linda S. "Opposing Prop. 187: Undocumented immigrants and the national imagination." Connecticut Law Review 28 (1995): 555+ online.
  • Garcia, Ruben J. "Critical race theory and Proposition 187: The racial politics of immigration law." ChiCano-Latino Law Review 17 (1995): 118+ online.
  • Jacobson, Robin Dale. The new nativism: Proposition 187 and the debate over immigration (U of Minnesota Press, 2008) online.
  • Lee, Yueh-Ting, Victor Ottati, and Imtiaz Hussain. "Attitudes toward “illegal” immigration into the United States: California Proposition 187." Hispanic Journal of Behavioral Sciences 23.4 (2001): 430-443. online
  • Mailman, Stanley. "California's Proposition 187 and Its Lessons". New York Law Journal, (1995)
  • Martin, Philip. "Proposition 187 in California." International Migration Review 29.1 (1995): 255-263.
  • Ono, Kent A., and John M. Sloop. Shifting borders: Rhetoric, immigration, and California's Proposition 187 (Temple University Press, 2002) online.
  • Wroe, Andrew. The Republican Party and Immigration Politics: From Proposition 187 to George W. Bush. (Palgrave, 2008).

External links edit

  •   Works related to California Proposition 187 (1994) at Wikisource

1994, california, proposition, california, proposition, also, known, save, state, initiative, 1994, ballot, initiative, establish, state, citizenship, screening, system, prohibit, illegal, immigrants, from, using, emergency, health, care, public, education, ot. 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 immigrants from using non emergency health care public education and other services in the State of California Voters passed the proposed law at a referendum on November 8 1994 The law was challenged in a legal suit the day after its passage and found unconstitutional by a federal district court on November 11 1 In 1999 Governor Gray Davis halted state appeals of this ruling Proposition 187November 8 1994 1994 11 08 Illegal Aliens Ineligibility for Public Services Verification and Reporting Initiative Statue ResultsChoice Votes Yes 5 063 537 58 93 No 3 529 432 41 07 Valid votes 8 592 969 96 54 Invalid or blank votes 307 663 3 46 Total votes 8 900 632 100 00 Registered voters turnout 14 723 784 60 45 Yes 70 80 60 70 50 60 No 70 80 50 60 Source 1994 Statement of Vote Passage of Proposition 187 reflected state residents concerns about illegal immigration into the United States Opponents believed the law was motivated by bigotry against illegal immigrants of Hispanic or Asian origin supporters maintained that their concerns were economic that the state could not afford to provide social services for so many people who had entered the country illegally or overstayed their visas 2 3 The California Legislative Analyst s Office later said that the cost of verification would be greater than any fiscal benefits of the ballot measure 4 As the state s demographics have shifted to include more immigrants the reversal of Proposition 187 has been cited as a reason for the decline of the Republican Party in California 5 Contents 1 Background and passage 2 Key elements of Proposition 187 3 Opposition 4 Ethnic minority reactions 5 Legal challenges 6 Legacy 7 See also 8 References 9 Further reading 10 External linksBackground and passage editIn 1994 California had an estimated 1 3 million illegal immigrants Some residents were increasingly concerned about the costs of providing services to the families of such illegal immigrants 6 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 statutory initiative 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 lead among likely voters by September 1994 7 Proponents of the bill estimated that California spent 3 billion per year on services for illegal immigrants about half of which provided education to children of illegal immigrants 8 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 9 In the days leading up to the election Wilson said that he would require all state and local government employees to report suspected illegal immigrants 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 10 During the United States Senate election in California 1994 campaign the incumbent Senator Dianne Feinstein and Republican challenger Michael Huffington both adopted tough policies against illegal immigration The candidates each revealed that they had previously hired illegal immigrants for housekeeping and childcare Unlike Feinstein Huffington had hired a housekeeper who was an illegal immigrant after the Immigration Reform and Control Act of 1986 which made it illegal to knowingly hire illegal immigrants Feinstein was narrowly re elected 11 President Bill Clinton urged Californians to reject Proposition 187 as an impediment to federal policy on immigration After stating 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 11 In November 1994 Clinton publicly criticized the ballot measure stating that it is not the answer to the issues stemming from illegal immigration 12 In the days leading up to the ballot measure 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 11 On November 8 1994 California voters approved the proposition by a wide margin 59 to 41 13 According to the Los Angeles Times exit polls 63 of non Hispanic white voters and 23 of Latino voters voted for Proposition 187 African American and ethnic Asian voters split their voting equally for and against the law Although non Hispanic whites 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 Among those who voted on the initiative 78 of Republicans and 62 of Independents voted for it while 64 of Democrats opposed it 14 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 aliens in this state That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this state That they have a right to the protection of their government from any person or persons entering this country unlawfully 15 Key elements of Proposition 187 editProposition 187 included the following key elements 7 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 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 People shall not receive any public social services until verified as a United States citizen or as a lawfully admitted alien People shall not receive any health care services from a publicly funded health care facility until verified as a United States citizen or as a lawfully admitted alien A public elementary or secondary school shall not admit or permit the attendance of any child until verified as a United States citizen or as a lawfully admitted alien 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 edit nbsp Protesters of Proposition 187 in Fresno California in 1994 Activists on campuses churches and ethnic communities in California and across the country rallied to express opposition to Proposition 187 Critics argued that the measure 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 unlawful residents 16 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 Union filed lawsuits against the measure in state court 17 18 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 19 In the weeks leading up to the election opponents of Proposition 187 led a series of demonstrations These events gathered several thousands of people One of the largest protests of the proposition as well as one of the largest protests in Los Angeles history was held on October 16 1994 when an estimated 70 000 people marched through the downtown area 20 The line of demonstrators stretched at least a mile long 20 Two weeks later 7 000 people participated in another rally against Proposition 187 that took the form of a concert in which dozens of musicians and speakers performed 21 Young people particularly Hispanic students organized their own protests Most often these involved campus walkouts Students as young as middle schoolers participated 22 In one of the largest student led demonstrations against Proposition 187 more than 10 000 young people walked out from more than 30 campuses in the Los Angeles Unified School District 23 The protest was held without endorsement by any official groups instead students had been encouraged to stay in school and stage sit ins as an alternative 23 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 24 The Democratic gubernatorial candidate Gray Davis who succeeded Wilson campaigned against Proposition 187 Proposition 187 was widely supported by conservatives However some prominent conservatives including former Congressman and Secretary of Housing and Urban Development Jack Kemp former Secretary of Education William Bennett and unsuccessful Republican gubernatorial candidate Ron Unz publicly opposed the initiative 25 26 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 guest worker program that would permit non resident Mexicans to work legally in the United States 27 Such a program had been in place during World War II Ethnic minority reactions editReactions against the proposition varied between and within different ethnic minority groups Latino communities are cited as having been the most active Hispanic students in particular were marked as they marched in the streets with Mexican flags Some sources claim that this reaction might have caused indecisive voters to vote in favor of the proposition 28 After the election Harold Ezell the former Immigration and Naturalization Service Director who helped author Proposition 187 maintained that the biggest mistake the opposition made was waving those green and white flags with the snake on it They should have been waving the American flag 29 When Hispanic students were criticized for waving Mexican flags during demonstrations in Los Angeles community leaders responded to the controversy by saying that it was a symbolic clinging to self pride 30 But some movement leaders did attempt to address these criticisms As the election drew near organizers sold thousands of American flags at their demonstrations against Proposition 187 31 Asian communities in particular were divided with a slight tendency towards supporting the proposition with 57 percent voting in favor 28 However as the bill became more visible Asian communities came to be known as a group that took increasingly more visceral actions Over time general populist support for the bill dropped from 49 to 38 a drop that is credited to the massive organizing among California s communities of color particularly the Latino and Asian communities 32 In fact the largest organized group in support of Proposition 187 at the time of October 1994 was the Asian Americans for Border Control in Sylmar which had only ten members On the other hand Chinese Japanese Cambodian Thai and Korean alliances and coalitions banded to form the Asian Pacific Islanders Against Proposition 187 which consisted of hundreds of members 33 Significantly many consider the strong reactions against Proposition 187 as the first time such numbers of Asian Americans have come together with around 60 organizations joining forces 33 Legal challenges editThe constitutionality of Proposition 187 was challenged by several lawsuits On November 11 1994 three days after the bill s passage Federal Judge W Matthew Byrne issued a temporary restraining order against institution of the measure which was filed by State Attorney General Dan Lungren 34 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 35 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 36 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 37 His administration withdrew the appeal before the courts in July 1999 effectively killing the law 38 The unenforceable sections of Proposition 187 remained on the books until 2014 In September of that year California passed a bill SB 396 that removed those sections from California s education health and safety and welfare codes as a symbolic act after the overturn of Prop 187 Bill author Kevin de Leon said this closes a dark chapter in our state s history and brings dignity and respect to the national immigration debate 39 40 Legacy editNoting a rapid increase in the number of Latinos voting in California elections some analysts cite Wilson and the Republican Party s embrace of Proposition 187 as a cause of the subsequent failure of the party to win statewide elections 41 42 A 2006 study published in the American Journal of Political Science found that Republican support of Proposition 187 and two later state ballot initiatives Proposition 209 in 1996 which ended affirmative action at governmental institutions and Proposition 227 in 1998 which limited bilingual education in public schools shifted both white and Latino voters in California away from identifying with the Republican Party and toward the Democratic Party 5 The authors of the study said that the results raise serious questions about the long term efficacy of racially divisive strategies for electoral gain 5 Studies published in 2001 and 2011 also show that Proposition 187 mobilized Hispanic voters for the Democratic Party 43 44 A 2016 article by pro immigration researcher Alex Nowrasteh came to the same conclusion 45 However a 2018 study questioned the conventional wisdom that Proposition 187 led to an abrupt realignment in Latino voters political preferences 46 Conservative group Eagle Forum instead argues that immigration whether legal or not made California s electorate more liberal 47 Fred Bauer of National Review concurs adding that Democrats have usually controlled both branches of the California state legislature since the 1960s and that the Democratic Party has had consistently strong support among both white and Hispanic voters in California 48 Bill Whalen a former aide to Wilson in an article for Forbes noted that Proposition 187 was popular among voters and that Republican struggles in California are partly due to women gradually moving away from the party for other reasons particularly reproductive rights 49 Whalen also cited Schwarzenegger s reelection as governor in 2006 in which he won 39 of the votes cast by Latinos as evidence that Proposition 187 did not harm Republicans chances of being elected in California 49 Writing after Schwarzenegger s 2003 recall election victory Debra J Saunders of The Weekly Standard noted that he won the election despite voting for Proposition 187 which other publications had claimed would seriously jeopardize his bid 50 Between 1995 and 2004 the following states passed similar ballot initiatives or laws Arizona Colorado Florida Georgia Illinois Nevada New Mexico New York Oklahoma and Texas 51 During Donald Trump s 2016 U S presidential campaign his use of anti immigrant tactics drew comparisons from media members to Wilson and California Proposition 187 52 Seema Mehta of the Los Angeles Times wrote Many have had a visceral reaction to Trump s proposals that include deporting 11 million people and building an enormous border wall Protests greet Trump whenever he holds rallies in California 52 See also edit nbsp California portal nbsp 1990s portal California Coalition for Immigration Reform Gallegly amendment California Proposition 209References edit California Proposition 187 Illegal Aliens Ineligible for Public Benefits 1994 Ballotpedia Retrieved March 5 2019 ENRIQUEZ SAM October 19 1994 Jewish Coalition Opposes Prop 187 Los Angeles Times p 2 Bock Alan W October 2 1994 Sorting through facts and fiction of immigration Orange County Register Santa Ana Calif p J 01 Why California Should Vote No on Proposition 187 This great state is bigger and better and wiser than this Los Angeles Times November 2 1994 ISSN 0458 3035 Retrieved March 5 2019 a b c Bowler Shaun Nicholson Stephen P Segura Gary M 2006 Earthquakes and Aftershocks Race Direct Democracy and Partisan Change PDF American Political Science Review 50 146 159 doi 10 1111 j 1540 5907 2006 00175 x Archived from the original PDF on December 4 2018 Retrieved January 28 2017 via UCmerced edu Margolis Jeffrey R Closing the Doors to the Land of Opportunity The Constitutional Controversy Surrounding Proposition 187 The University of Miami Inter American Law Review Vol 26 No 2 pp 368 369 a b Nancy H Martis 1994 187 Illegal immigrants Ineligibility for public services Verification and Reporting California Voter Foundation Archived from the original on February 20 1999 Retrieved June 13 2010 Margolis p 369 DECKER CATHLEEN WEINTRAUB DANIEL M November 10 1994 Wilson Savors Win Democrats Assess Damage Los Angeles Times p 1 Bailey Eric November 8 1994 CALIFORNIA ELECTIONS PROPOSITION 187 Lungren Backs Prop 187 Late Stance Assailed Though citing concerns attorney general calls measure the right vehicle for constitutional test Election rival Tom Umberg accuses him of caving in to supporters of the measure Los Angeles Times Retrieved May 30 2023 a b c Martin Philip 1995 Proposition 187 in California The International Migration Review 29 1 255 263 doi 10 2307 2547004 ISSN 0197 9183 Retrieved May 30 2023 LAUTER DAVID BRODER JOHN M November 5 1994 Clinton Attacks Prop 187 at City Hall Rally Los Angeles Times ISSN 0458 3035 Retrieved March 5 2019 1994 General election results Archived May 20 2011 at the Wayback Machine Save Our State SOS Website California Opinion Index A summary analysis of Voting in the 1994 General Election Archived October 20 2010 at the Wayback Machine Field Poll Online Proposition 187 Text of Proposed Law Illegal Aliens Ineligibility for Public Services Verification and Reporting California Proposition 187 1994 p 91 Retrieved July 4 2018 Suarez Orozco Marcelo M 1996 California Dreaming Proposition 187 and the Cultural Psychology of Racial and Ethnic Exclusion Anthropology amp Education Quarterly 27 2 161 doi 10 1525 aeq 1996 27 2 04x0225q JSTOR 3195728 Oct 24 History 2019 MALDEF in Proposition 187 The Granddaddy of Anti Immigrant Measures MALDEF Retrieved May 1 2023 a href Template Cite web html title Template Cite web cite web a CS1 maint numeric names authors list link McDonnell Patrick J July 29 1999 Davis Won t Appeal Prop 187 Ruling Ending Court Battles Los Angeles Times p 1 Archived from the original on July 1 2012 Suarez Orozco p 161 a b McDonnell Patrick J Lopez Robert J October 17 1994 L A March Against Prop 187 Draws 70 000 Protestors condemn Wilson for backing initiative that they say promotes racism scapegoating Los Angeles Times Lopez Robert J October 31 1994 7 000 Attend Protest Denouncing Proposition 187 Los Angeles Times Alvarez Fred November 9 1994 Last Minute Rallies Held by Students Los Angeles Times a b Pyle Amy Shuster Beth November 3 1994 10 000 Students Protest Prop 187 Walkouts around Los Angeles are largest yet showing campus opposition to initiative The teen agers are mostly peaceful with only 12 arrests reported Los Angeles Times Suarez Orozco p 161 Matthew Miller July 19 1999 Ron Unz s Improbable Assault on the Powers That Be in California New Republic Retrieved April 9 2009 Martin p 260 Martin p 261 a b Martin Philip 1995 Proposition 187 in California The International Migration Review 29 258 259 doi 10 1177 019791839502900111 S2CID 143724092 Banks Sandy November 10 1994 Unflagging Controversy Why did some protesters against Proposition 187 carry the red white and green instead of the red white and blue To Latinos it was prideful To many Americans it was insulting Los Angeles Times Banks Sandy November 10 1994 CALIFORNIA ELECTIONS Unflagging Controversy Why did some protesters against Proposition 187 carry the red white and green instead of the red white and blue To Latinos it was prideful To many Americans it was insulting Los Angeles Times Simon Romero contributor Archived from the original on June 27 2021 Alt URL Banks Sandy November 10 1994 Unflagging Controversy Why did some protesters against Proposition 187 carry the red white and green instead of the red white and blue To Latinos it was prideful To many Americans it was insulting Los Angeles Times Alt URL Josef Barton 1994 Californians Protest Anti Immigrant Measure Financial Times Archived from the original on June 22 2011 Retrieved March 4 2018 a b K Connie Kang 1994 Proposition 187 Asian American Groups Organize to Fight Measure Los Angeles Times Archived from the original on February 6 2012 Retrieved March 4 2019 Why Proposition 187 Won t Work The New York Times November 20 1994 Retrieved April 1 2010 Patrick J Mcdonnell November 15 1997 Prop 187 Found Unconstitutional by Federal Judge Los Angeles Times Retrieved April 9 2009 California Proposition 187 Unconstitutional Migration News 4 1997 via migration ucdavis edu Dave Lesher and Dan Morain April 16 1999 Davis Asks Court to Mediate on Prop 187 Los Angeles Times Retrieved April 9 2009 Patrick J Mcdonnell July 29 1999 Davis Won t Appeal Prop 187 Ruling Ending Court Battles Los Angeles Times Retrieved April 9 2009 McGreevy Patrick September 15 2014 Gov Brown signs bill repealing unenforceable parts of Prop 187 Los Angeles Times Retrieved September 16 2014 McGreevy Willon Brown Signs Bill Cutting Language on Undocumented Immigrants Los Angeles Times Retrieved September 17 2014 Raoul Lowery Contreras August 16 2002 The death of the California GOP calnews com ISBN 9780595256914 Retrieved April 9 2009 The Prop 187 Effect How the California GOP lost their way and implications for 2014 and beyond Latino Decisions Retrieved October 13 2015 Dyck Joshua J Johnson Gregg B Wasson Jesse T May 1 2012 A Blue Tide in the Golden State Ballot Propositions Population Change and Party Identification in California American Politics Research 40 3 450 475 doi 10 1177 1532673X11427948 ISSN 1532 673X S2CID 153521530 Pantoja Adrian D Ramirez Ricardo Segura Gary M December 1 2001 Citizens by Choice Voters by Necessity Patterns in Political Mobilization by Naturalized Latinos Political Research Quarterly 54 4 729 750 doi 10 1177 106591290105400403 ISSN 1065 9129 S2CID 154050783 Nowrasteh Alex July 20 2016 Proposition 187 Turned California Blue Cato Institute Hui Iris Sears David O March 1 2018 Reexamining the Effect of Racial Propositions on Latinos Partisanship in California Political Behavior 40 1 149 174 doi 10 1007 s11109 017 9400 1 ISSN 0190 9320 S2CID 151802748 Eagle Forum December 6 2014 How Mass Legal Immigration Dooms a Conservative Republican Party Retrieved September 16 2014 Pete Wilson Did Not Make California Turn Blue Unraveling a Myth National Review Retrieved January 28 2017 a b Whalen Bill Blaming The California GOP s Woes On Pete Wilson Nice Tale But Not The Whole Story Forbes Retrieved January 28 2017 Saunders Debra J October 20 2003 Pete Wilson s Vindication Weekly Standard Archived from the original on February 28 2017 Retrieved January 28 2017 Lacayo Richard December 19 2004 Down on the Downtrodden Time Archived from the original on February 4 2013 Retrieved December 17 2008 a b Mehta Seema California Latino Republicans see Prop 187 s ghost in Trump s campaign Los Angeles Times Retrieved January 28 2017 Further reading editAlvarez R Michael and Tara L Butterfield The resurgence of nativism in California The case of Proposition 187 and illegal immigration Social Science Quarterly 2000 167 179 online Balin Bryan J State Immigration Legislation and Immigrant Flows An Analysis School of Advanced International Studies SAIS 2008 pp 1 20 Bosniak Linda S Opposing Prop 187 Undocumented immigrants and the national imagination Connecticut Law Review 28 1995 555 online Garcia Ruben J Critical race theory and Proposition 187 The racial politics of immigration law ChiCano Latino Law Review 17 1995 118 online Jacobson Robin Dale The new nativism Proposition 187 and the debate over immigration U of Minnesota Press 2008 online Lee Yueh Ting Victor Ottati and Imtiaz Hussain Attitudes toward illegal immigration into the United States California Proposition 187 Hispanic Journal of Behavioral Sciences 23 4 2001 430 443 online Mailman Stanley California s Proposition 187 and Its Lessons New York Law Journal 1995 Martin Philip Proposition 187 in California International Migration Review 29 1 1995 255 263 Ono Kent A and John M Sloop Shifting borders Rhetoric immigration and California s Proposition 187 Temple University Press 2002 online Wroe Andrew The Republican Party and Immigration Politics From Proposition 187 to George W Bush Palgrave 2008 External links editWilson 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 nbsp Works related to California Proposition 187 1994 at Wikisource Retrieved from https en wikipedia org w index php title 1994 California Proposition 187 amp oldid 1216637745, wikipedia, wiki, book, books, 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