Press Release

Sat, 15 Nov 1997 02:10:51 -0700

For Immediate Release

Contact Person: Mariana Bustamante at (415)487-7820

Proposition 187 was Struck Down Today

Today, Judge Marianna Pfaelzer from the Federal District Court in Los Angeles, struck down each of the core provisions of Proposition 187 as unconstitutional, based on the Personal Responsibility and Work Opportunity Reconciliation Act passed by Congress in 1996. In her 32 page ruling she states that PRA clearly precludes the states from passing laws regarding immigration policy and the treatment of immigrants. In other words, only the Federal Government can make decisions regarding the provision of services to immigrants and the treatment of illegal immigrants.

All provisions of Proposition 187 referring to education, health, social services and law enforcement were deemed unconstitutional. Only sections 2,3 and 10 of the Proposition referring to the sale and manufacture of false documents have been enforced, but were already illegal under federal law.

The moment President Clinton signed the 1996 Immigration Act, he ended any further discussion on whether states have the power to legislate on the provision of services to aliens.

Everything that civil rights advocates have been saying about this proposition being bad public policy, unconstitutional and unjust, was upheld today by judge Phaelzer today.

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