Ron Price, author of Prop 187 -- the anti-illegal-immigration act that passed the voters 60-40, but was scuttled in a backroom deal by since-fired Governor Davis -- has a new try out for signature. It removes the most objectionable portion of Prop 187 (requiring that parents of schoolchildren prove the parent's legal status, even if the children are American citizens), and adds a few new wrinkles. Here's the official summary:
Reference number: SA03RF0048The LA Times discusses this initiative in today's paper, with the expected objections from "immigrant's rights" groups, along with significant hand-wringing from several Republicans. One concern for Republicans is the damage that the original Prop 187 did to GOP prospects with Latino voters, whose participation in elections is constantly increasing. Latino clout in the Legislature is increasing even faster, as districting is done by resident, legal or not.
Public Benefits. Driver's License. Eligibility. Immigration Status and Identity Verification. Initiative Constitutional Amendment.
Summary Date: 12/01/03 Circulation Deadline: 04/29/04 Signatures Required: 598,105 . Proponent: Ron Price, [phone number redacted]
Amends Constitution to require providers of public benefits to verify whether applicants are lawfully present in the United States. Prohibits state or local public benefits for any aliens classified as ineligible under federal law. Requires state and local officials to report immigration law violations to federal authorities; failure to report is a misdemeanor. Requires state to verify driver's license applicant's identity and lawful presence in United States. Prohibits the state and its political subdivisions from accepting identification documents not issued by a state or federal jurisdiction. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure could result in increased annual costs to the state and local governments in the tens of millions of dollars to verify citizenship or immigration status of persons receiving specified public services. This measure could also result in program savings over $100 million annually to the state and local governments, primarily counties, due to reduced expenditures for certain public services.
Linda Boyd, chairwoman of the Los Angeles County Republican Party, added: "You know the damage that happened as a result of 187. It puts the Republican Party in a difficult spot. Officially, our party is not going to have a stance on it."Now, I opposed Prop 187, mainly due to the effect it had on the native-born (US citizen) children of illegal aliens. But the current initiative is much calmer, and simply tries to restrict the State from taking active measures in welcoming people who are cutting in line ahead of law-abiding immigrants. Yes, I have reservations -- I'd not like to see children bleed to death because their parents won't take them to an emergency room -- but I expect that the courts will whittle that kind of thing out of the law. The things that matter (IDs and proactive aid to illegals) will stand up in the courts.
PROPOSED LAWPosted by Kevin Murphy at December 20, 2003 10:22 AM | TrackBack
SECTION 1. Title
This article shall be known and may be cited as the “Save Our State” Initiative.
SECTION 2. Findings and declaration
The People of California find that they have suffered and are suffering from economic hardships caused by the presence of illegal aliens in their State, and that illegal immigration is encouraged by public agencies within the State that provide public benefits without verifying immigration status. The People find further that illegal aliens have been given a safe haven in California with the aid of identification cards, including driver’s licenses, that are issued without verifying immigration status. The People are frustrated by the conduct of their State that contradicts Federal immigration policy, undermines the security of our borders, and demeans the value of American citizenship. Therefore, the People of California declare that the public interest of the State requires all public agencies within the State to cooperate with Federal immigration authorities to discourage illegal immigration.
SECTION 3. Verifying applications for public benefits
Article XVI A is added to the Constitution to read:
Article XVI A Verifying Applications for Public Benefits
Section 1. Verification of identity and eligibility
It is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits. Neither the State nor any of its political subdivisions shall contradict the objectives of Federal immigration policy, nor shall they provide any State or local public benefit, as defined in Title 8 of the United States Code, to any alien classified as ineligible for Federal public benefits by that Code. Therefore, all agencies of the State and its political subdivisions that provide State and local public benefits shall:
(a) Verify the identity of each applicant for such benefits and that the applicant is eligible for benefits in accordance with this article.
(b) Provide any employee or agent of the State, or any political subdivision thereof, with information to verify the immigration status of any applicant for such benefits and to assist the employee or agent in obtaining such information from Federal immigration authorities.
(c) Hold all employees and agents of the State and its political subdivisions responsible for making a written report to Federal immigration authorities of any discovered violation of Federal immigration law by any applicant for such benefits; any employee or agent who fails to report, or any supervisor who, knowing of such failure to report, fails to direct the employee to report is guilty of a misdemeanor.
Section 2. Additional verification requirements
To prevent fraudulent applications for public benefits, additional verification procedures shall be required as follows:
(a) The State shall verify the identity of each applicant for a California driver’s license or identification card and that the applicant’s presence in the United States is authorized under Federal law.
(b) All agencies of the State and its political subdivisions that provide State and local public benefits shall refuse to accept any document for any purpose of identification unless it is issued by a state or federal jurisdiction that is recognized by the United States Government and is verifiable by state or federal agencies.
SECTION 4. Application and enforcement
The provisions of this article shall be enforced uniformly without regard to race, religion, gender, ethnicity, or national origin. Any person who is a resident of the State shall have standing in any court of record to bring suit against any agent or agency of the State, or any political subdivision thereof, to remedy any violation of any provision of this amendment, including but not limited to an action for mandamus. Courts of record shall give preference to actions brought under this article over other civil actions or proceedings pending in the court.
SECTION 5. Severability
If any provision of this amendment or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect any other provision or application of the amendment which can be given effect without the invalid provision or application, and to that end the provisions of this amendment are severable.