Thread: Time to end the Immigration Charade

August 30, 2007

Time to end the charade

Dan Sernoffsky

It might not be fair to blame it all on California but had the Ninth Circuit U.S. Court of Appeals not overturned Proposition 187 in 1994, the great debate on illegal immigration might have long been over.

Prop 187, which was overwhelmingly passed by Californians, demanded that law enforcement agents investigate the immigration status of anyone arrested who was suspected to be in violation of immigration laws, and that no public benefits, other than emergency medical care, be accorded anyone incapable of proving a legal right to reside in the country.

Under Prop 187, anyone arrested who was found to be illegally in the country would be reported to both the attorney general of California, as well as to federal immigration officials. Further, local governments were prohibited from doing anything to impair carrying out the law, and all cases involving arrests of illegals were to be available for inspection.

The Ninth Circuit decided that it was better equipped than the citizenry to determine the best interests of the state and promptly scuttled it.

It is unfortunate that Pete Wilson, California’s governor at the time, failed to follow the lead of Andrew Jackson.

In 1830, Jackson signed into law the Indian Removal Act, an act designed to move several native tribes out of Georgia by exchanging that land for land in the west. The Cherokees filed suit and the U.S. Supreme Court ruled in their favor. Jackson shrugged off the decision, famously stating “John Marshall (the Chief Justice) has made his decision. Now let him enforce it.â€

Excellent.

Link to the excellent article above:
http://www.opinioneditorials.com/guestc ... 70830.html

I'm tired and someone correct me if I'm wrong but I recall Governor Pete Wilson did appeal this 9th Circuit rulling but his term expired in the meantime and CA got that disastrous Governor Davis who stopped the appeal.
Seems too harsh a criticism against Pete Wilson to me.

http://www.ccir.net/REFERENCE/187-History.html

California Coalition for Immigration Reform
P.O. Box 2744-PMB-117 - Huntington Beach, CA 92647
PH: (714) 665-2500 FAX: (714) 846-9682

History of Proposition 187

Prop 187 was passed by the voters on Nov. 8, 1994 to deny public benefits to illegal aliens in California.

The next day several lawsuits were filed in California state court (Mexican-American Legal Defense/Education Fund (MALDEF), League of Latin American Citizens (LULAC), ACLU, and others.

On Nov. 11, 1994 a "temporary restraining order (TRO)" was issued by Federal Judge Matthew Byrne (it was filed in Federal Judge Marianna Pfaelzer's court, but she was out (vacation?), so Byrne did the TRO.

An answer was filed by Attorney General Dan Lungren in state court.

Judge Pfaelzer came back and issued a permanent injunction pending trial. Her rationale was essentially a case in Texas in the 1980's (Plyler v. Doe). Texas tried to deny public education to illegal aliens. The Supreme Court ruled for the illegals, based on two pillars:

1) there were supposedly not enough illegal aliens students in Texas public schools to be a financial burden to Texas, and

2) Congress was contemplating an amnesty for illegal aliens in the U.S. (that occurred in 1986), and illegal alien students who were to be made legal would not be educated. Neither of those conditions existed in 1994.

The cases were consolidated into Judge Pfaelzer's court in 1995.

There were hearings, filings, hearings, filings ...

In 1996 California (Att'y Gen. Dan Lungren) said that Prop 187 was not in conflict with federal law.

In September 1996 federal immigration law was enacted, and in 1997 Lungren asked Judge Pfaelzer for a summary dismissal. (The 1996 federal law included Sec. 133 - that local law enforcement can cooperate with the INS)

Judge Pfaelzer said NO to summary dismissal and ruled for plaintiffs; Lungren said he'll appeal.

Lungren appealed in 9th District Circuit Court in late 1997. FOR SIX MONTHS LUNGREN TOOK NO ACTION - IT SAT THERE. HE SHOULD HAVE MOVED THE CASE ALONG!

Then came the gubernatorial campaign of 1998, and Gray Davis was elected in November. The appeal process was still sitting silently in court because Lungren had not moved it along.

Davis was elected. The plaintiffs requested "mediation" in the 9th District Court, the court agreed to "mediation".

We know what happened then - Davis (who vehemently opposed Prop 187) "represented" FOR Prop 187. Neither the proponent of Prop 187 nor anyone else who co-sponsored Prop 187 was allowed in the bogus "mediation".

Governor Davis refused to allow the appeal to proceed and dropped the appeal, essentially KILLING PROP 187 against the will of the voters. This after having promised to support the appeal during his campaign.

Even the most vocal plaintiffs against Prop 187 said they were afraid that if it went to the U.S. Supreme Court it would be held to be constitutional, reversing Plyler v. Doe