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California Proposition 187

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This is an examination of the legal battles of California Proposition 187, the controversial initiative which was approved in the General Election of 1994. It will consider the basis for the judge's ruling invalidating portions of the proposition. It will present the reasoning of both the supporters and the opponents of the initiative. It will examine the legal pros and cons of the two sides. Finally it will take a position against the proposition.

California voters approved Proposition 187 on November 8, 1994, by a final percentage of 59% in favor against 41% opposed. Proposition 187, if implemented, would cut off all public social services, publicly-funded health care benefits (with the exception of emergency health care), public elementary and secondary education, and public postsecondary education from non. U.S. citizens, with the exception of lawful permanent residents and lawfully admitted aliens. Proposition 187 also makes a criminal offense the making, distributing, and use of documents calculated to conceal the bearer's true immigration status. As part of this legal crackdown, Section 4 of Proposition 187 requires the law enforcement agencies of the state to notify individuals who appear to illegal immigrants that they must obtain legal status or leave the country and inform both the California Attorney General and the INS of such individuals' apparent illegal status. Finally social service agencies, schools, and medical providers are also required to veri

. . .
p. 961-962) With regard to the ballot's provisions for penalties on the sale and use of fake documents, however, Judge Pfaelzer held the relevant sections of the proposition valid because in legislating against these practices, the State of California is acting within its proper sphere and is not taking more power than is proper. These were the only provisions of Proposition 187 allowed to stand in her decision, although she observed that the measure's exclusion of illegal immigrants from public colleges and universities was not obviously invalid. (Feldman, pp. A1 and A8) Opponents of Proposition 187 reacted to the judge's decision with praise, calling it a "major victory." (Dizon, p. A8) Proponents reacted variously. Barbara Coe, co-chair of the Proposition 187 campaign, declared her confidence that "we will prevail once the facts are revealed." (Dizon, p. A8) Other prominent backers, such as Harold Ezell, former head of the INS western region, called it a "turkey decision" (Malnic, A8) and Dana Rohrabacher, one of the proposition's founders, characterized the judge as "a little mixed up."(Dizon, A8) The organizing premise of the framers and supporters of Proposition 187 is that the State of California's public services
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Approximate Word count = 1674
Approximate Pages = 7 (250 words per page)

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