http://www.azcapitoltimes.com/main.asp? ... cleID=2103

Suit Seeks To Expand Law Banning Benefits For Illegal Immigrants

By Jim Small


Proposition 200 is in harmony with federal law, but Governor Napolitano and Attorney General Terry Goddard violated the state Constitution by limiting its scope and allowing illegal immigrants access to some public benefits, according to an appeal filed in Maricopa County Superior court May 24 by supporters of the voter-approved initiative.

“If you’re in this country illegally, you have a right to no benefits, no taxpayer benefits other than what federal law mandates,� said Rep. Russell Pearce, R-18, one of the lawmakers who drafted the initiative. “Proposition 200 made it clear we wanted the law enforced.�

The suit seeks to expand Proposition 200, approved by voters in 2004, to cover all public benefits, except those guaranteed by federal law.

In November, Mr. Goddard ruled that the proposition applied only to welfare benefits, not to the broader social services, such as public housing, food stamps and employment benefits, that supporters were seeking.

He also said the initiative doesn’t affect the Arizona Health Care Cost Containment System, which provides medical coverage for Arizona’s poor.

5 DES Programs At Issue

Ms. Napolitano issued an executive order in December implementing the law. Because of the attorney general’s opinion, only five Department of Economic Security programs are required to ensure their services are only being used by legal residents of the state: general assistance; sight conservation; neighbors helping neighbors; utility repair, replacement and deposit; and supplemental payment program.

The proposition’s supporters, among them Yes on Prop. 200 Chairman Randy Pullen, say the governor has said the votes of more than a million Arizonans don’t count. The initiative was approved 56 per cent to 44 per cent and received 1,041,741 votes.

“This is a back-door veto of Proposition 200,� Mr. Pullen said. “We’ve got a governor and an attorney general here who are thumbing their noses at the will of the people of Arizona.�

The appeal was filed in the wake of Ms. Napolitano vetoing a number bills this session that she and opponents say were designed to expand the scope of Proposition 200 beyond the attorney general’s opinion. The bills ranged from requiring identification to obtain a provisional ballot to codifying English as the state’s official language to forcing illegal aliens to pay out-of-state tuition rates at state universities. â€â€