which tried to bar illegal immigrants from social services. It is now in the courts!
While Prop 187 went overboard and it is probably unconstitutional, it was trying to address a legitimate State concern: Should tax money be used to provide health services, schooling, etc., to people that are illegally in this country? Particularly now that California has a huge deficit?
Most Hispanics were either born here, or are legal residents. They have as much a stake that limited State resources go first to citizens and legal residents, not undocumented aliens.
Here is a very good 1995 article that describes the reasons why Prop 187 was first proposed, and why many of its more draconian provisions raised questions about civil liberties and America's attitudes towards immigrants, legal and illegal alike.
California's Proposition 187 and Its Lessons
By Stanley Mailman
New York Law Journal (p. 3, col. 1)
January 3, 1995 As members of Congress decide how to trim expenditures from public assistance programs and other publicly funded services, they should take a broad view. It makes little sense to legislate in this area without an eye to the immigration laws and policies under which the affected aliens are here; and the reduction of federal programs is no saving if it simply shifts their costs to the states and communities where the aliens and their families live. At the same time, state legislatures, frustrated with federal policies and programs, should stifle the temptation to compete with Congress's role in controlling the borders.*3
Out of just such frustration, the voters of California enacted Proposition 187 on Nov. 8. That statute is a dramatic effort to drive out undocumented aliens and to deter their entry by cutting them off from medical and other public services and depriving their children of an education.*4 (It was described in the official ballot argument as ``the first giant stride in ultimately ending the ILLEGAL ALIEN invasion.''*5)
The statute was immediately attacked as unconstitutional in several lawsuits, and its operation shackled by restraining orders. On Dec. 14, U.S. District Court Judge Mariana R. Pfaelzer of the Central District of California issued an oral decision to enjoin the major provisions of Proposition 187 until trial.*6
Constitutional Violations Based on the judge's statement, the written decision/order, when issued in January, will find that much of the statute violates two of the provisions of the Constitution -- (1) the Supremacy Clause,*7 by stepping on ground preempted by federal immigration law; and (2) the Fourteenth Amendment, first, by effectively ordering the deportation of California residents without hearings or other due process of law and, second, by denial of free education to undocumented children, that Amendment's Equal Protection clause.
http://ssbb.com/article1.html