ERIC ED393784: The Immigration Debate: Public Policy, Proposition 187, and the Law.

17 Pages·1995·0.36 MB·English

by  ERIC

DOCUMENT RESUME
SO 026 242
ED 393 784
AUTHOR
Croddy, Marshall; And Others
The Immigration Debate: Public Policy, Proposition
TITLE
187, and the Law.
Constitutional Rights Foundation, Los Angeles,
INSTITUTION
Calif.
PUB DATE
95
NOTE
17p.
AVAILABLE FROM
Constitutional Rights Foundation, 601 South Kingsley
Drive, Los Angeles, CA 90005.
Teaching Guides (For
PUB TYPE
Guides
Classroom Use
Teacher)
(052)
EDRS PRICE
MF01/PC01 Plus Postage.
DESCRIPTORS Civics; Government Role; Instructional Materials;
*Law Enforcement; *Law Related Education; Learning
Activities; Secondary Education; Social Studies;
Teaching Methods; *Undocumented Immigrants
California; Constitutional Rights Foundation;
IDENTIFIERS
*Proposition 187 (California 1994); United States
Constitution
ABSTRACT
This resource packet contains three lessons on issues
relating to recent debates over illegal immigration. Each lesson is
designed to provide the teacher with a background reading, a directed
discussion strategy, and one or more interactive classroom activities
to address the topic presented. The first lesson, "Coming to
America--Undocumented Workers," features a simulation of a
presidential commission that considers various policy options on the
problem of undocumented workers. The second lesson, "Civic Options on
Proposition 187," contains a case study of the purpose, provisions,
pro and con arguments, and the potential impact of the California
state initiative passed by voters in November 1994. The third lesson,
"Education and the 14th Amendment," contains a case study of the U.S.
Supreme Court case of Plyler v. Doe (1982), which will be crucial in
determining the constitutionality of Proposition 187 and similar
measures that may be proposed. Each lesson contains a reading for
teachers to duplicate and distribute to students. (LH)
***********************************************************************
*
Reproductions supplied by EDRS are the best that can be made
dQ
from the original document.
***********************************************************************
THE
IMMIGRATION
r
DEBATE:
ry
Public ,Policy, Proposition 187, and the Law
I
'ERMiSSION TO REPRODUCE
U S. DEPARTMENT OF EDUCATION
THIS
Olioco or Educational Research and taiorousrhout
r10,b ottN IrnANI tLi (:).1
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
_This document has been reproduced as
received from the person or organintlion
originating it
Minor
changes have been
made to
improve reproduction quality.
10 THE EDUCATIONAL RESOURCES
Pcsnle
of view or opinions staled ot Ihrs
VPORMATION CENTER (ERIC)."
document do not necessarily
rep, esent
official OERI positron or policy
CONSTITUTIONAL RIGHTS FOUNDATION
'2
RFST COPY AVAILABLE
THE IMMIGRATION DEBATE
Public Policy, Proposition 187, and the Law
Developed by:
Marshall Croddy,
Director of Program and Materials Development
Writers and Editors:
Marshall Croddy
Bill Hayes
Carlton Martz
Lisa Friedman
CLarles Degelman
rgr-:
.
Production:
:2
-
Andrew Costly
_
-
,
CONSTITUTIONAL RIGHTS FOUNDATION
601 South Kingsley Drive
Los Angeles, CA 90005
[phone] Fax: [phone]
© 1995, Constitutional Rights Foundation
BEST (;OPY AVALABL.E
3
opponents, pro and con
Immigration has always
INTRODUCTION
the
arguments,
and
been a central part of the
potential
impact
of
Experience.
American
FOR TEACHERS
187,
Proposition
Immigrants have enriched
a
initiative
state
contributed
California
culture,
our
passed by the voters in
mightily to our economic
growth and helped define us as
the November 1994 election. Students read and
nation.
a
Countless numbers have put down roots and
discuss the case study and then evaluate and
discuss the measure using a policy analysis
found new opportunities in the United States.
framework. Additional activities are also provid-
In spite of these truths, the lives of immi-
ed.
grants in our country have often been often diffi-
cult. As newcomers, many have faced poverty,
Recommended Sequence of Instruction:
prejudice, and outright hostility; many return to their
Student Reading: Duplicate and have students
own lands, discouraged and worse off than when
read "A Controversial Proposition."
they arrived.
Directed Discussion: Conduct a class discus-
Today, after years of fluctuation, rates of immi-
sion using the questions provided.
gration are at levels approaching those last seen at
Activities: Conduct "A Matter of Policy" critical
the end of the nineteenth century. This fact, and
thinking activity using the instructions provid-
concerns over the economy, taxes, and America's
ed. Students are alsc encouraged to complete
capacity to accommodate newcomers have fueled
the "Stating Your View" writing activity and
new debates on immigration, especially regionally.
the "Civic Options" discussion activity, which
How these factors will influence immigration law,
provide positive models for civic action.
policy and enforcement on a national basis remains
to be seen, but recent trends suggest that the
Reading and Activity C: Education
debate will heighten in the years to come.
and the 14th Amendment
This Constitutional Rights Foundation resource
packet contains three lessons on issues relating to
Description: This lesson, reprinted from Bill of
recent debates over illegal immigration. Each lesson
Rights in Action, provides a case study of the U.S.
is designed to provide the teacher with a back-
Supreme Court case of Plyler v. Doe (1982), which
ground reading, a directed discussion strategy, and
will be crucial in determining the constitutionality of
one or more interactive classroom activities
to
Proposition 187 and other like measures which may
address the topic presented.
be proposed. Students read and discuss the case
study and then participate in a moot court activity
Reading and Activity A: Coming to
using the facts and arguments of the case.
AmericaUndocumented Workers
Recommended Sequence of Instruction:
Description: Adapted from Bill of Rights in
Student Reading: Duplicate and have students
Action, our national quarterly curricular newsletter,
read "Education and the 14th Amendment."
this lesson focuses on the debate over illegal immi-
gration in the United States and features a simula-
Directed Discussion: Conduct a class discus-
tion of a presidential commission that considers
sion using the questions provided.
various policy options on the problem of undocu-
Activity: Conduct the moot court simulation
mented workers.
using the instructions provided. You may wish
to debrief the activity by asking students to
Recommended Sequence of Insti act.
state and support an opinion about what
Student Reading: Duplicate and have students
impact the decision would have on Proposition
read "Coming to AmericaUndocumented
187 based on a comparison of the facts and
Workers."
holdings of the case.
Directed Discussion: Conduct a class discus-
Constitutional
Foundation
Rights
Los
is
a
sion using the questions provided.
Angeles-based, non-profit, non-partisan citizenship
Activity:
Conduct
President's
"The
education organization with a 32-year history of
Commission" simulation activity by dividing the
providing teachers and students around the nation
small groups and following the
into
class
with programs and materials on law and govern-
instructions provided.
ment, history, business and civic participation.
Rights Foundation, 601
Constitutional
South
Reading and Activity B: Civic Options
California, 90005
Kingsley Drive, Los Angeles,
on Proposition 187
[phone]. Write or call for a free subscription
to Bill of Rights in Action and/or a materials catalog.
Description: This lesson contains an objective case
study of the purpose, provisions, supporters, and
Reading & Activity A
much since 1975.
you've heard a
COMING TO
About half of
talk
its
of
lot
farmers
not
do
illegal
about
grow enough to
immigrants,
AMERICA-
0 r
feed their families.
undocumented work-
This has pushed
immigra-
Illegal
ers.
many to search for
tion is becoming one
UNDOCUMENTED
jobs in the cities.
of the greatest politi-
But the unemploy-
this
issues
cal
in
country today...and
rate
ment
in
WORKERS
often
Mexico
one of the most diffi-
climbs to 25 per-
cult to resolve. This
those
cent.
Of
article explores ques-
who do find jobs, 60 percent work for very
igration.
tions about illegal imm
low wages. In numerous rural villages and in
How Many? Where Do They Come
squatter slums outside major Mexican cities,
From?
poverty threatens the survival of many fami-
lies. Many people survive from the money
No one really is sure how many undocu-
in the United States.
mented workers live
that illegal immigrants send home from the
United States. Many decide to ,oin the thou-
Estimates range from 2 to 12 million persons,
sands crossing the border into the United
but these are guesses. Moreover, the undoc-
States in search of work. With the recent
umented population fluctuates.
Population
experts have discovered that while there is a
devaluation of the peso and economic crisis in
Mexico, the problem is expected to get much
constant flow of undocumented persons com-
ing into the United States, there is also a
worse.
counterflow leaving each year. This is espe-
Under current U.S. immigration law, only
cially true for illegal immigrants from Mexico.
about 25,000 Mexicans may legally immi-
grate into this country each year. But there is
Illegal immigrants cc le from many parts of
worldLatin
at least a two-year waiting list. To get on the
the America,
Europe,
Asia, and Africa. Mexicans make up the sin-
list, a Mexican must either
gle largest group of undocumented work-
be a close relative of a legal U.S. resi-
ers. But many Mexicans remain only tempo-
dent, or
rarily in the United States. Many get unskilled,
be a skilled worker or professional.
low-paid jobs that do not last long. When the
For many poor and unemployed Mexicans,
jobs end, they often return to Mexico. One
these restrictions make it almost impossible
expert has claimed that the average stay of
to immigrate legally to the United States.
undocumented
Mexicans
around
six
is
Many do not want to immigrate permanently.
months. Of course, some remain for much
They just want to get a job, make some mon-
longer, while others are caught and deported.
ey, and return home.
Each year about 1 million persons, the major-
ity of them Mexican, are arrested by immigra-
How Do They Come?
tion officers.
as many as 3
million
Possibly people
Why Do They Come?
attempt to cross the U.S.-Mexican border ille-
gally each year. At the busiest point, from
Thousands of Mexicans, some with their
Tijuana, up to 3,000
immigrants
illegal
families, cross illegally into the United States
attempt to slip over the border every night.
for work. They come
each year looking
that
estimates
only
Border
Patrol
The
because of conditions in Mexico. Mexico's
one-third of these people are caught.
population is increasing rapidly. It is projected
to grow from 99 million in 1995 to 154 mil-
A "war zone" of sorts exists along the bor-
lion in 2025. In 1975, Mexico's population
der. Government agents use helicopters with
was 60 million.
search lights and electronic sensors planted
on canyon paths to detect illegal immigrants.
its
Although
population
exploding,
is
Thousands are arrested, deported, and arrest-
Mexico's agricultural output has not grown
Al
Constitutional Rights Foundation, 601 South Kingsley Drive, Los Aftgeles, CA 90005, [phone]
because they know that the workers would
ed again in their attempts to reach temporary
be afraid to report them for fear of being
safety within the United States.
turned in to the INS.
immigrants into
the
illegal
Smuggling
The Immigration Reform and Control Act
United States is a big business along the
of 1986 made it illegal for employers to hire
Mexican border. In the Tijuana area just south
undocumented workers. But this provision of
of San Diego, 100 organized bands with
the law has had questionable effect. The INS
15,000 guides, known as coyotes, take in
permits employers to accept any of 29 differ-
millions of dollars a year. Many immigrants
ent documents as proof of work eligibility.
learn that their chances of making it across
For anywhere from $20 to $60, an illegal can
the border are much better if they pay some-
buy fraudulent documentation.
one to smuggle them in. The Border Patrol
catches many of those without guides.
Perhaps the greatest worry Americans
have about illegal immigrants is the belief
of stopping
The job
immigrants
illegal
that they take away jobs from U.S. citizens.
1,952-mile U.S.-Mexico border
along the
belongs to the U.S. Border Patrol. When ille-
Most studies,
gal immigrants are caught, they are not
.
.
.
brought to trial. Trials for thousands who are
have found that
caught would overpower the federal court
system. So most are simply detained and
illegal immi-
then bused back across the border. Quite
often, they attempt their journey again with-
grants pay more
in a few days. This situation has made the
frustrating job of controlling the border near-
in payroll
ly impossible for the Border Patrol.
taxesincome
What Effect Do They Have on the
Economy?
taxes and Social
Most undocumented Mexicans come to
the United States to work and make money.
Securitythan the
But they do require government services.
Their children attend public schools. When
costs of these
they get sick, they go to public hospitals.
Most studies, however, have found that ille-
services.
gal immigrants pay more in payroll taxes
income taxes and Social Securitythan the
There is a great debate among economists
costs of these services. The problem is that
and others over this issue. No hard statistics
local government pays for the services that
have been produced that show how serious-
illegal immigrants need and the federal gov-
ly American workers are hurt by illegal immi-
ernment collects the bulk of the taxes that
grants taking jobs they could fill.
they pay.
Some experts believe that undocumented
Many politicians, especially in California,
workers generally take hard, low-paying jobs
have demanded that the federal government
that most Americans turn downpicking
compensate the state and local governments
crops, digging ditches, busing tables, wash-
for these services. Many employers want ille-
ing dishes, cleaning, working in clothing fac-
gal immigrant labor. Undocumented workers
tories, etc. The former commissioner of the
work for lower wages and seldom complain
has stated that he
Castillo,
about working conditions. For example, ille-
Lionel
INS,
believes illegal immigrants create jobs and
gal immigrants harvesting crops in hot dusty
benefit the economy. "Some individual work-
fields rarely protest when they are not pro-
vided with fresh water or clean
ers get hurt...." he says. "But as a country,
toilets.
our economy is strengthened...."
Obviously, some employers of illegal immi-
grants like them because they can exploit or
Former Secretary of Labor, Ray Marshall,
cheat them. Some employers have even
disagrees with Castillo. Marshall believes that
refused to pay undocumented workers,
6
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Constitutional Rights Foundation, 601 South Kingsley Drive, Los Angeles, CA 90005, (213)487 -5590
illegal immigration "hurts American workers
They also argue that no card is fraud-proof and
people would find a way to make false cards.
(especially) minorities, women and young peo-
ple."
(3) Stop government services to illegal immi-
grants. This would entail passing laws requir-
What Should Be Done?
hospitals, and welfare
schools,
public
ing
that something
Most Americans believe
offices to require proof of citizenship or legal
should be done about the massive illegal border
residency before permitting persons to use
crossings from Mexico. But so far,
little has
non-emergency public
Supporters
services.
been accomplished. One reason is that the
believe that this would relieve taxpayers from
wave of
immigrants benefits many
illegal
paying for
services for
immigrants.
illegal
Americans. Another reason is the sheer num-
Opponents argue that this would do nothing to
ber of people crossing the long U.S.-Mexico
stop illegal immigration, that it would send chil-
border. Nonetheless, numerous proposals have
dren into the streets and leave dangerous dis-
been made to deal with the problem. Some are
eases undiagnosed, and that the Supreme
outlined below:
Court has declared such laws unconstitutional
in Plyler v. Doe (1982).
(1) Intercept illegal immigrants at the border.
This would entail beefing up the Border Patrol
(4) Aid Mexico. Others who have studied the
and perhaps even calling on National Guard
illegal immigration situation believe that some-
troops to help out. Some supporters of inter-
thing should be done to eliminate the basic
ception believe that, instead of trying to con-
cause of the problemthe poor economic con-
tain the entire border, the Border Patrol should
the greatest
concentrate its forces on high-frequency cross-
worry Americans
ing points, such as the 13-mile border near San
Diego. Almost 90 percent of all border cap-
have about illegal
tures are made along border segments totaling
just 100 miles in length. Lights, fences, and
immigrants is the
automobile barriers could be built along this
100-mile stretch. Some supporters of intercep-
belief that they take
tion favor imposing a $1 border-crossing toll at
away jobs from U.S.
border checkpoints to pay for beefing up inter-
ception efforts. More than 400 million people
citizens.
cross border checkpoints each year. This mini-
mal fee, say supporters, would be a good way
ditions in Mexico. These experts propose that
for
interception.
to
revenue
generate
the United States substantially increase eco-
Opponents of interception argue that it would
nomic aid to Mexico, enabling it to put more of
small fortune to
seal the
border,
take
a
its own people to work at better wages. They
because people will always find a way to cross
also support increased trade with Mexico, to
it. As for sealing only certain segments, oppo-
which they hope the recently passed North
nents say those crossing the border will simply
American Free Trade Agreement will be a con-
choose different routes.
tributing factor. Some opponents of assisting
(2) Stop employers from hiring illegal immi-
Mexico believe that aid money seldom works,
grants. This would entail stiffening punish-
and others think it would take more money
ments on
particularly
employers,
repeat
than America can afford and too much time
offenders. Assets from a business could be for-
before it would affect the problem.
feited to the government. Many supporters
(5) Improve methods for identifying eligible
urge the creation of a fraud-resistant federal
workers. Some experts believe that the best
identity card for every person legally in the
way to effectively deal with illegal immigration
United States. Persons would present this card
is to find ways to better identify real citizens
when they applied for employment. This would
and documented workers. Proposals are being
prevent employers from mistakenly hiring ille-
considered for the establishment of a central
gal immigrants. Opponents argue that punish-
registry, a database listing all people eligible to
ing employers would hurt business and start
work in the United States. Another proposal
7
making employers reluctant to hire minorities.
A3
Constitutional Rights Foundation, 801 South Kingsley Drive, Los Angeles, CA 90005, [phone]
tion is that undocumented workers do not
calls for a national identity lard for all eligible
want to break American laws by crossing
workers. Those opposed to these ideas are con-
the border unlawfully. They are driven to
cerned that they will increase discrimination
do so however, by their desperate need to
and violate privacy rights of individuals. Those
support their poverty-stricken families.
who support the ideas point to other countries
that already have such systems, and believe
President's Adviser: One person should be
that they offer the only truly effective means of
selected to represent the president, who
tracking illegal workers.
wants to develop an effective plan for deal-
ing with illegal immigration. You have no
For Discussion
position but will act as chairperson of the
1. Why do you think most illegal immigrants
commission. Your job is to put together a
come to the United States?
plan that all members of the commission
2. Do you think they help or hinder the U.S.
can support and recommend. If the com-
economy? Explain your answer.
mission is divided at the end of its meeting,
you will make your own recommendation
3. What do you think should be done about ille-
to the president.
gal immigration?
2. Each of the four role groups should review
A Simulation: The President's
the proposals listed in the last section of the
Commission
article on undocumented workers and select
What should the United States do about ille-
one to advocate. Then every group should
gal immigration? In this role-play, your class will
review the article to gather facts supporting
have a chance to come up with its own solu-
its proposal and prepare to present its pro-
tion. After the class has read the article on
posal to the group.
undocumented workers, follow these instruc-
3. After all the groups have prepared their pro-
tions:
posals, a spokesperson from each group
1. Form the following role groups:
should present its proposal to other mem-
bers of the commission. After each presen-
Employers of Illegal Immigrants: You claim
commission members and
tation,
the
that you need a supply of unskilled laborers
president's adviser may ask questions and
willing to work at hard jobs for low wages.
debate the merits of the proposal.
You say its difficult to get Americans to
take such jobs.
4. When all the groups have finished their pre-
sentations, the president's adviser will con-
Labor Unions: You are convinced that
duct a vote to decide on one proposal to
undocumented workers take jobs away
recommend to the president. Each group has
from Americans and keep wages low.
one vote. If a majority fails to support any of
Border Patrol: You are frustrated that the
the proposals, the president's adviser will
U.S.-Mexican border
like
revolving
is
a
decide on his or her own recommendation to
door. Border Patrol officers arrest thou-
the president and announce it.
sands of illegal immigrants. Often they are
5. When the role-playing simulation has ended,
deported only to try to re-enter the U.S.
the class as a whole should discuss the
once again.
advantages and disadvantages of the pro-
Supporters of Illegal Immigrants: You are a
posal that was finally adopted.
group of Americans who sympathize with
and represent illegal immigrants. Your posi-
S
A4
Constitutional Rights Foundation, 601 South Kingsley Drive, Los Angeles, CA 90005, 1213)487.5590
The Federal Insurance Contri-
MAJOR U.S
butions Act of 1954: This statute
IMMIGRATION LAWS
required employers to pay Social
Security taxes for household
workers earning more than $50 in
women entering for "immoral pur-
Immigration Act of 1819: This
a three-month period. In case of
poses."
law required ship captains to pro-
delinquency, employers were
vide customs officials with a list
responsible for paying back taxes,
Temporary Quota Act of 1921:
of immigrants describing age, sex,
plus interest, and were subject to
The number of immigrants from
occupation, nationality, and desti-
fines.
any country was limited to 3 per-
nation. Passengers ill with conta-
cent of foreign-born persons of
Immigration Act of 1965: This
gious diseases had to be
that nationality living in the
law abolished the national origins
quarantined. States carried out
United States in 1910. A total of
quota system. It gave preference
the provisions of this law.
357,803 persons were allowed
to skilled persons and immigrants
entry into the United States each
Immigration Act of 1875: This act
who are closely related to
year. The formula in this law pro-
provided for inspection of vessels.
American citizens. The law set a
vided for relatively large immi-
It barred admission of ex-convicts
total immigration limit of 290,000
grant quotas for Northern
as well as Chinese and Japanese
persons a year, which included a
European countries and small quo-
who had been brought to the
maximum of 20,000 individuals
tas from Southern and Eastern
United States against their will.
from any one country. After five
European countries.
years residency in the United
Contract Labor Law of 1885:
States, immigrants may apply for
Immigration Act of 1924: This
This law was designed to end the
naturalized citizenship.
law further discriminated against
practice of signing up foreign
laborers to work in America for
Southern and Eastern Europeans
Refugee Act of 1980: This law
by limiting_the number of immi-
low wages. No immigrant could
defined-a "refugee"- as any-person
grants from any country to 2 per-
have a job or a promise of a job
leaving his or her own country
cent of foreign-born persons of
before landing.
because of a "well-founded fear
that nationality living in the
of persecution on account of
Immigration Act of 1891: The
United States in 1890. Only
race, religion, nationality, mem-
job of processing immigrants was
164,000 immigrants were to be
bership in a particular group, or
totally taken over by the federal
admitted each year; this total was
political opinion." The law allowed
government. All immigrants had
further reduced to 150,000 in
for admission each year of
to pass a medical exam and
1929. In addition, it imposed new
50,000 refugees.
answer questions about their
restrictions on Asian immigration.
background and intentions in
Immigration Reform and Control
Displaced Persons Act of 1948:
America. The law also barred per-
Act of 1986: This act outlawed
sons suffering from "loathsome or
Refugees from countries ravaged
hiring illegal immigrants and
by World War II were allowed into
dangerous diseases," those con-
required employers to verify their
the United States, but their entry
victed of crimes involving "moral
workers' citizenship status. It pro-
turpitude," polygamists, and was charged to the national quota
vided civil penalties of as much as
limits established in 1924.
those whose passage was paid
$10,000 for each illegal immi-
for by others. Those rejected for
grant hired. Repeat offenders face
McCarren-Walter Act of 1952:
immigration were deported at the
up to six months imprisonment. It
This law maintained immigration
expense of the shipping compa-
also offered permanent resident
at 150,000 persons a year. The
nies that had transported them.
status to illegal immigrants who
first 50 percent of each country's
can prove they have lived contin-
Immigration Act of 1907: This
quota was reserved for skilled and
uously in the United States since
law was passed during the peak
educated persons. The remaining
January 1982.
year of U.S. immigration. It
50 percent was for close relatives
arranged for an agreement with
of U.S. citizens and others who
Immigration Act of 1990: This
Japan limiting the number of
qualified. In addition, refugees
law increased the immigration
fleeing Communist countries were
Japanese immigrant laborers. The
limit to 700,000 persons per year
law also barred those with physi-
admitted under special authority
for 1992, 1993, and 1994. After
cal and mental defects, those suf-
of the U.S. Attorney General.
1994, the limit will be 675,000
fering from tuberculosis, children
persons per year.
under 16 without parents, and
A5
9
Reading & Activity B
immigration service
of
control
The
CIVIC OPTIONS
and the
California
States
United
attorney general.
borders and the
flow of people across
Supporters and
ON
them is the responsi-
Opponents
of the federal
bility
The supporters of
government. The U.S.
PROPOSITION
Proposition
187
Immigration
and
former
include
Naturalization Service
immigration service
(INS) administers the
187
administrators
many federal
laws
that determine
Harold
and
Ezell
legal
status in the United
Nelson,
Alan
PUBLIC POLICY CASE STUDY
Assemblyman
States. However, fed-
Richard Mountjoy,
eral efforts have not
Gov. Pete Wilson, the California Republican
been successful in controlling the number of
illegal immigrants in California and in other
candidate
Mike
Senate
Party,
U.S.
Huffington and the California Coalition for
Arizona, south
including
Texas,
areas
Florida, New York and Chicago. The INS esti- Immigration Reform.
mated that California had roughly 1.6 million
Opponents of the Proposition 187 include
illegal immigrants in 1994.
the California Teachers Association, the
Assn.,
California California
Labor The
The Proposition
Medical Assn., The State League of Women
Proposition 187 was the most controver-
Voters, California State Employees Assn.,
sial measure on the California State ballot in
Los Angeles City Council,
President
Bill
1994. It serves as a focus of a larger debate
Clinton, U.S. Sen. Dianne Feinstein, and can-
about what should be done about illegal
didate for governor, Kathleen Brown.
immigration. For a proposition to be placed
Arguments
on the ballot, its backers must qualify the
measure. This means they must circulate
Supporters of Proposition 187 believe that
petitions among registered voters. Backers
illegal immigration is a very serious problem,
must collect enough valid
signatures to
especially in California. They argue that the
amount to 5 percent of the total number of
federal government has failed to deal with
voters who cast ballots in the last election
the problem. In general, they believe that
for state governor. Proposition 187 qualified
illegal immigration is a drain on California tax-
and was placed on the ballot.
payers. They also believe that it
is morally
wrong and hurts the economy and the job
The purpose of Proposition 187 was very
clear. It was designed to discourage illegal
market. They believe that the measure would
force the federal government to better con-
immigration into California by denying educa-
tion, health, and social services to people
trol the borders. The law, they argue, will
who do not have legal immigrant status.
immigration and reduce
discourage illegal
without
costs of public services by hundreds of mil-
status
could
People
legal
be
barred from any non-emergency health ser-
lions of dollars. These savings, they argue,
vice. To make this happen, the measure
could be used to improve services to legal
residents or to cut taxes.
educational,
health,
social
public
administrators, and law enforcement
service
Opponents of Proposition 187 may agree
to check on the immigration or citizenship
that illegal immigration is a serious problem,
status of the people they serve. For example,
but they believe that the measure is uncon-
school officials would have to check the sta
stitutional and creates bad public
policy.
tus of all students. Social service workers
Because the proposition may violate federal
would have to check the status of their
law, they fear that it could put California's
clients. The names of all those suspected of
federal funding in jeopardy at a cost of bil-
illegal status would be sent to the federal
lions of dollars.
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Constitutional Rights Foundation, 601 South Kingsley Drive, Los Angeles, CA 90005, 1213)487.5590