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  1. #1

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    Legal Text on Prop 187, We need to restart 187!!!

    Proposition 187: Text of Proposed Law

    1994 - California

    This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.

    This initiative measure adds sections to various codes; therefore, new provisions proposed to be added are printed in {+ italic type +} to indicate that they are new.

    PROPOSED LAW

    SECTION 1. Findings and Declaration.

    The People of California find and declare as follows:

    That they have suffered and are suffering economic hardship caused by the presence of illegal aliens in this state.

    That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this state.

    That they have a right to the protection of their government from any person or persons entering this country unlawfully.

    Therefore, the People of California declare their intention to provide for cooperation between their agencies of state and local government with the federal government, and to establish a system of required notification by and between such agencies to prevent illegal aliens in the United States from receiving benefits or public services in the State of California.

    SECTION 2. Manufacture, Distribution or Sale of False Citizenship or Resident Alien Documents: Crime and Punishment.

    Section 113 is added to the Penal Code, to read:

    {+ 113. Any person who manufactures, distributes or sells false documents to conceal the true citizenship or resident alien status of another person is guilty of a felony, and shall be punished by imprisonment in the state prison for five years or by a fine of seventy-five thousand dollars ($75,000). +}

    SECTION 3. Use of False Citizenship or Resident Alien Documents: Crime and Punishment.

    Section 114 is added to the Penal Code, to read:

    {+ 114. Any person who uses false documents to conceal his or her true citizenship or resident alien status is guilty of a felony, and shall be punished by imprisonment in the state prison for five years or by a fine of twenty-five thousand dollars ($25,000). +}

    SECTION 4. Law Enforcement Cooperation with INS.

    Section 834b is added to the Penal Code, to read:

    {+ 834b. (a) Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws. +}

    {+ (b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following: +}

    {+ (1) Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status. +}

    {+ (2) Notify the person of his or her apparent status as an alien who is present in the United States in violation of federal immigration laws and inform him or her that, apart from any criminal justice proceedings, he or she must either obtain legal status or leave the United States. +}

    {+ (3) Notify the Attorney General of California and the United States Immigration and Naturalization Service of the apparent illegal status and provide any additional information that may be requested by any other public entity. +}

    {+ (c) Any legislative, administrative, or other action by a city, county, or other legally authorized local governmental entity with jurisdictional boundaries, or by a law enforcement agency, to prevent or limit the cooperation required by subdivision (a) is expressly prohibited. +}

    SECTION 5. Exclusion of Illegal Aliens from Public Social Services.

    Section 10001.5 is added to the Welfare and Institutions Code, to read:

    {+ 10001.5. (a) In order to carry out the intention of the People of California that only citizens of the United States and aliens lawfully admitted to the United States may receive the benefits of public social services and to ensure that all persons employed in the providing of those services shall diligently protect public funds from misuse, the provisions of this section are adopted. +}

    {+ (b) A person shall not receive any public social services to which he or she may be otherwise entitled until the legal status of that person has been verified as one of the following: +}

    {+ (1) A citizen of the United States. +}

    {+ (2) An alien lawfully admitted as a permanent resident. +}

    {+ (3) An alien lawfully admitted for a temporary period of time. +}

    {+ (c) If any public entity in this state to whom a person has applied for public social services determines or reasonably suspects, based upon the information provided to it, that the person is an alien in the United States in violation of federal law, the following procedures shall be followed by the public entity: +}

    {+ (1) The entity shall not provide the person with benefits or services. +}

    {+ (2) The entity shall, in writing, notify the person of his or her apparent illegal immigration status, and that the person must either obtain legal status or leave the United States. +}

    {+ (3) The entity shall also notify the State Director of Social Services, the Attorney General of California, and the United States Immigration and Naturalization Service of the apparent illegal status, and shall provide any additional information that may be requested by any other public entity. +}

    SECTION 6. Exclusion of Illegal Aliens from Publicly Funded Health Care.

    Chapter 1.3 (commencing with Section 130) is added to Part 1 of Division 1 of the Health and Safety Code, to read:

    {+ Chapter 1.3. Publicly-Funded Health Care Services +}

    {+ 130. (a) In order to carry out the intention of the People of California that, excepting emergency medical care as required by federal law, only citizens of the United States and aliens lawfully admitted to the United States may receive the benefits of publicly-funded health care, and to ensure that all persons employed in the providing of those services shall diligently protect public funds from misuse, the provisions of this section are adopted. +}

    {+ (b) A person shall not receive any health care services from a publicly-funded health care facility, to which he or she is otherwise entitled until the legal status of that person has been verified as one of the following: +}

    {+ (1) A citizen of the United States. +}

    {+ (2) An alien lawfully admitted as a permanent resident. +}

    {+ (3) An alien lawfully admitted for a temporary period of time. +}

    {+ (c) If any publicly-funded health care facility in this state from whom a person seeks health care services, other than emergency medical care as required by federal law, determines or reasonably suspects, based upon the information provided to it, that the person is an alien in the United States in violation of federal law, the following procedures shall be followed by the facility: +}

    {+ (1) The facility shall not provide the person with services. +}

    {+ (2) The facility shall, in writing, notify the person of his or her apparent illegal immigration status, and that the person must either obtain legal status or leave the United States. +}

    {+ (3) The facility shall also notify the State Director of Health Services, the Attorney General of California, and the United States Immigration and Naturalization Service of the apparent illegal status, and shall provide any additional information that may be requested by any other public entity. +}

    {+ (d) For purposes of this section "publicly-funded health care facility" shall be defined as specified in Sections 1200 and 1250 of this code as of January 1, 1993. +}

    SECTION 7. Exclusion of Illegal Aliens from Public Elementary and Secondary Schools.

    Section 48215 is added to the Education Code, to read:

    {+ 48215. (a) No public elementary or secondary school shall admit, or permit the attendance of, any child who is not a citizen of the United States, an alien lawfully admitted as a permanent resident, or a person who is otherwise authorized under federal law to be present in the United States. +}

    {+ (b) Commencing January 1, 1995, each school district shall verify the legal status of each child enrolling in the school district for the first time in order to ensure the enrollment or attendance only of citizens, aliens lawfully admitted as permanent residents, or persons who are otherwise authorized to be present in the United States. +}

    {+ (c) By January 1, 1996, each school district shall have verified the legal status of each child already enrolled and in attendance in the school district in order to ensure the enrollment or attendance only of citizens, aliens lawfully admitted as permanent residents, or persons who are otherwise authorized under federal law to be present in the United States. +}

    {+ (d) By January 1, 1996, each school district shall also have verified the legal status of each parent or guardian of each child referred to in subdivisions (b) and (c), to determine whether such parent or guardian is one of the following: +}

    {+ (1) A citizen of the United States. +}

    {+ (2) An alien lawfully admitted as a permanent resident. +}

    {+ (3) An alien admitted lawfully for a temporary period of time. +}

    {+ (e) Each school district shall provide information to the State Superintendent of Public Instruction, the Attorney General of California, and the United States Immigration and Naturalization Service regarding any enrollee or pupil, or parent or guardian, attending a public elementary or secondary school in the school district determined or reasonably suspected to be in violation of federal immigration laws within forty-five days after becoming aware of an apparent violation. The notice shall also be provided to the parent or legal guardian of the enrollee or pupil, and shall state that an existing pupil may not continue to attend the school after ninety calendar days from the date of the notice, unless legal status is established. +}

    {+ (f) For each child who cannot establish legal status in the United States, each school district shall continue to provide education for a period of ninety days from the date of the notice. Such ninety day period shall be utilized to accomplish an orderly transition to a school in the child's country of origin. Each school district shall fully cooperate in this transition effort to ensure that the educational needs of the child are best served for that period of time. +}

    SECTION 8. Exclusion of Illegal Aliens from Public Postsecondary Educational Institutions.

    Section 66010.8 is added to the Education Code, to read:

    {+ 66010.8. (a) No public institution of postsecondary education shall admit, enroll, or permit the attendance of any person who is not a citizen of the United States, an alien lawfully admitted as a permanent resident in the United States, or a person who is otherwise authorized under federal law to be present in the United States. +}

    {+ (b) Commencing with the first term or semester that begins after January 1, 1995, and at the commencement of each term or semester thereafter, each public postsecondary educational institution shall verify the status of each person enrolled or in attendance at that institution in order to ensure the enrollment or attendance only of United States citizens, aliens lawfully admitted as permanent residents in the United States, and persons who are otherwise authorized under federal law to be present in the United States. +}

    {+ (c) No later than 45 days after the admissions officer of a public postsecondary educational institution becomes aware of the application, enrollment, or attendance of a person determined to be, or who is under reasonable suspicion of being, in the United States in violation of federal immigration laws, that officer shall provide that information to the State Superintendent of Public Instruction, the Attorney General of California, and the United States Immigration and Naturalization Service. The information shall also be provided to the applicant, enrollee, or person admitted. +}

    SECTION 9. Attorney General Cooperation with the INS.

    Section 53069.65 is added to the Government Code, to read:

    {+ 53069.65. Whenever the state or a city, or a county, or any other legally authorized local governmental entity with jurisdictional boundaries reports the presence of a person who is suspected of being present in the United States in violation of federal immigration laws to the Attorney General of California, that report shall be transmitted to the United States Immigration and Naturalization Service. The Attorney General shall be responsible for maintaining on-going and accurate records of such reports, and shall provide any additional information that may be requested by any other government entity. +}

    SECTION 10. Amendment and Severability.

    The statutory provisions contained in this measure may not be amended by the Legislature except to further its purposes by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the voters.

    In the event that any portion of this act or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect any other provision or application of the act, which can be given effect without the invalid provision or application, and to that end the provisions of this act are severable.

    Acidrain

    http://www.americanpatrol.com/REFERENCE ... 7text.html



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  2. #2
    Senior Member Judy's Avatar
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    ACIDRAIN!! Great POST!! GO FOR IT!!

    GET 187 back on the Ballot in California!!

    Do it!! If at first you don't succeed, try and try again!!

    The Tide Has Turned!!
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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  3. #3

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    If i do something like this i need help and money which i dont have. So i dont know. Check out the numbers from Prop 187!

    Analysis of the electoral campaign suggests that this is exactly what happened. A poll by the Los Angeles Times in May showed 64 percent of white voters in favor; exit polls on November 8 showed 63 percent of whites voting “yes.� The nearly $2 million spent by opponents, their lengthy list of “no� endorsers from mainstream religious, labor, community groups and both political parties, and negative recommendations by every major newspaper in the state had almost no effect on white voters.

    Initially, no population group opposed the measure. Latinos came the closest, registering only 52 percent support. Both Asian Americans and African Americans heavily favored Prop. 187. On November 8, 77 percent of Latinos voted against the measure and were joined in opposition by 53 percent of Asian American and African American voters. Although turnout was not as high among people of color as among whites (81 percent of voters were white, exceeding the white proportion of the registered electorate), there had been a significant shift in communities of color.

    However, this shift does not point to any presently viable electoral strategy for defeating such an initiative. Ignatius Bau of the San Francisco Lawyers Committee for Civil Rights has calculated that even if every potentially eligible person of color were registered, and voted in concert with the 77 percent Latino “no� vote, Prop. 187 would still have passed.

    Acidrain

  4. #4
    Senior Member Brian503a's Avatar
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    Unfortunately it is kicking a dead horse putting 187 back on the ballot when a judge already ruled it unconstitutional.


    http://www.cnn.com/ALLPOLITICS/1998/03/19/prop.187/


    Most Of California's Prop. 187 Ruled Unconstitutional

    LOS ANGELES (AllPolitics, March 19) -- A U.S. District Court judge has declared most of California's Proposition 187 unconstitutional.

    Approved by voters in 1994, the proposition would have denied health care, education and welfare benefits to illegal immigrants. Almost immediately, Judge Mariana Pfaelzer granted its opponents' request for a restraining order, which prevented it from taking effect.

    In her final ruling, Pfaelzer rejected California's attempt to regulate immigration, which she said is the federal government's responsibility.

    Judge Pfaelzer's ruling strikes down portions of the initiative that would have required law enforcement, teachers, social service and health care workers to verify a person's immigration status. Under Proposition 187, they would have had to report illegals to authorities and to deny them social service, health care and education benefits.

    The American Civil Liberties Union's Southern California chapter was one of the five groups which sued to stop Proposition 187. In a statement, ACLU spokesman Mark Rosenbaum said Pfaelzer correctly denied California's attempt to regulate immigration.

    "[It is] not a matter for individual states to attempt to formulate their own rules and procedures," Rosenbaum said. "School teachers and doctors are not substitutes for INS agents."

    But California Gov. Pete Wilson, who supports Proposition 187, vowed to appeal, "so that the will of the people can be upheld."

    http://www.americanpatrol.com/CALIFORNI ... 90810.html

    Unity defeats anti-immigration law

    By Evelina Alarcon, in People's Weekly World (a communist publication)
    [Links, emphasis added by AmericanPatrol.com]

    10 August 1999

    LOS ANGELES - Proposition 187, the measure the launched a national ultra-right offensive against immigrants in 1994, is finally over in California - but not without a battle.

    After weeks of mediation with civil rights organizations opposed to Prop. 187, Gov. Gray Davis agreed not to appeal an earlier federal court ruling that held much of the initiative to be unconstitutional. This effectively kills the legislation, which ignited one of the most vicious anti-immigrant campaigns in our country's history.

    The mediation agreement, filed July 29 with the U.S. 9th Circuit Court of Appeals in San Francisco, permanently bars the enactment of the ballot measure's core provisions. That includes those that would have prevented undocumented immigrant children from attending public schools and undocumented immigrants from receiving health care and social services.

    The agreement also eliminates one of the most terrorizing aspects of the law - the requirement that police, school administrators, teachers, and health workers turn in suspected undocumented immigrants to the Immigration and Naturalization Service for deportation.

    "We hope this is the first symbol in a series of changes for the state from 'Wilsonian' divisiveness to a climate of tolerance, inclusion and 'one California community,'" said Gloria Molina, Los Angeles County Supervisor and chair of the Mexican American Legal Defense and Educational Fund (MALDEF) - one of the civil rights organizations that filed the suit against Prop. 187.

    MALDEF Communications Director Laura Ferreiro told the World that the decision to throw out Prop. 187 will now open up various health-care and educational benefits to undocumented immigrants previously denied them.

    Mexican-American and Latino leaders and organizations have led the effort to rid the state of Prop. 187. Strong messages were sent to Gov. Davis that keeping his campaign promise to end an era of wedge-issue politics meant ending this racist, anti-Latino proposition.

    Lt. Gov. Cruz Bustamante, the state's first Mexican American elected to statewide office, courageously put his career at risk to protest Gov. Davis' earlier decision to send Prop. 187 to mediation rather than to drop the state's appeal of the federal court decision ruling the measure unconstitutional. The appeal originated with former Republican Gov. Pete Wilson.

    Lt. Gov. Bustamante, in opposition to fellow Democrat Gov. Davis, filed an amicus brief in court in support of Federal Judge Mariana Pfaelzer's decision that 187 was unconstitutional.

    "This is a matter of principal to me! I can't go home and look at my kids, my mother, my community and say that while I was here, I honored the lieutenant governor's position by staying silent on this issue," Bustamante said at the time.

    The leaders of 26 African-American, Asian-American and Latino groups responded immediately by writing an open letter praising the lieutenant governor for "standing tall for the rights of all Californians."

    It was pressure like this, which included phone calls, lobbying and criticism of Gov. Davis from up and down the state, that finally convinced him to drop the appeal.

    Prop. 187 was initiated by an ultra-right coalition which organized a so-called "Save Our State" campaign, which unjustly scapegoated immigrants for California's economic, education and social problems.

    Former Gov. Pete Wilson championed Prop. 187 using immigrant bashing to get reelected after his popularity rating had dipped to 20 percent, the lowest for any governor in the history of California.

    The Prop. 187 campaign was highly financed by the Republican Party and quickly spread nationally as an integral part of the party's ultra-right=

    "Contract on America."
    The phony anti-immigrant arguments used to pass Prop. 187 in California were the same used by Republicans to demand welfare and immigration reform bills in the Congress, which were passed in 1996.

    The extreme racism and chauvinism of Prop. 187 also laid the groundwork for the passage of other racist measures in California - anti-affirmative action Prop. 209 and anti-bilingual education Prop. 227.

    The passage of these propositions sparked an historic response from Latinos. Prop. 187 led to one of the largest protest demonstrations ever, with tens of thousands marching in Los Angeles.

    Successful national campaigns were launched by Mexican-American, Latino and Asian-American organizations to mobilize thousands of immigrants to become citizens. Over a million Latinos were registered to vote.

    The growth of participation of Latinos in the electoral arena of California, alongside labor union mobilization and the African-American vote, was the base of the election trouncing that Republicans received everywhere in the state in 1998.

    The Latino vote here and in other states was also a decisive part of insuring that Republicans did not take over the Congress and the White House in 1996 and stopped them from establishing a veto-proof Senate in 1998.

    While the ending of Prop. 187 is a tremendous victory, forces for civil rights must continue to pressure the governor who is caving in on the issues of affirmative action and bilingual education.

    The governor shocked his fellow Democrats in the state legislature last week when he vetoed a bill authored by State Senator Richard Polanco, a Democrat from Los Angeles, which would have maintained outreach programs for minorities and women in government hiring.

    Davis who was a staunch opponent of anti-affirmative action Prop. 209, nonetheless argued that the Polanco bill violated Prop. 209's barring of race or gender based efforts.

    The governor stated in a one-page veto message that outreach should be limited to economic and geographic factors.

    Gov. Davis has often stated that his agenda is to move the Democratic Party to the center and to respect voters decisions even when he disagrees with them.

    This was the argument Davis gave on sending Prop. 187 to mediation and now on his veto of the Polanco bill. This has outraged civil rights organizations throughout the state.

    The fact that Latinos and civil rights groups were able to pressure the governor to change his mind on Prop. 187 establishes that a battle must be waged with the governor on affirmative action and bilingual education as well.
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  5. #5
    Senior Member Judy's Avatar
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    GUYS!!

    Let me get this straight:

    Proposition 187 PASSED THE VOTES OF THE PEOPLE OF CALIFORNIA?

    Courts in a Suit Filed by the ACLU RULED SOME OF THE PROVISIONS UNCONSTITUTIONAL?

    So the people approved this in 1994, 11 years ago, but the ACLU, MALDEF, and all the other bags of trash secured a stop order from a California court and as a result you have had 11 more years of this flood into the state of California?

    Please confirm that my eyes and mind are not playing tricks on me and that this UNBELIEVABLE set of events did in fact occur?

    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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  6. #6
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    To our shame and sorrow, it occured. I couldn't help but wonder what was unconstitutional about the voters attempting to protect themselves from the drain on public resources from ILLEGALS....Why did no one sue the ACLU and the others bringing suit?? They're aiding and abetting ILLEGALS which is a felony.

    The entire 9th circuit court should be abolished. They do NOT represent the people.

    Someone show me, in our constitution, where any of these things that 187 contained are illegal or abolished or whatever. I'd like to see it with my own eyes.

    RR

    The supporters of 187 should still be in there battling.
    The men who try to do something and fail are infinitely better than those who try to do nothing and succeed. " - Lloyd Jones

  7. #7
    Senior Member Brian503a's Avatar
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    Judy - Proposition 187 was approved by the voters of the state of California during the 1994 elections, but undermined by a liberal court system, the usual extremist activist groups, and a left leaning state government. Until we change those elements in California there is no hope for getting such legislation turned into law.
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  8. #8
    Senior Member Acebackwords's Avatar
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    And lest anybody forgets: I've heard that Hillary Clinton is going around these days making speeches against illegal immigration. And yet I remember back in 1996 when I visited several of the Clinton-for-President headquarters, and everybody in the office -- including Hillary -- was feverishly working away to defeat Proposition 187. Don't think for a minute that this leapord has changed her spots. People like her are the problem, not the solution.

  9. #9
    Senior Member Judy's Avatar
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    AceBackwards!! With respect to the Hillary....we shan't forget. We know that she is THE Camillion!

    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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  10. #10
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    Bill Clinton recieved LABOR'S endorsements and $ and then last July he signs copies of his book at a Wal-Mart in Arkansas. Bill and Hilary live for their own glory and Bill's libido and nothing else.

    Prop 187, again, shows how the judicial branch, meaning liberal lawyers turned judges, are now making the law and not interpreting the law. This is why I say that any valid attempt by Tancredo, or any anti immigration group, must have the $$$ to get anything done. It is all about big money in the end. MALDEF, LA RAZA all a have $$$$. NAACP, Southern Poverty Law Center etc. If you read of the NAZI movement in Germany you would learn that any political movement must have funding or it is doomed! Hitler, Goebbels, etc were broke in the early 20's and only when the industrialists got involved financially did they start to flourish. I don't like to use the NSDP in Germany as an example but it is true. You have to have funding no matter what your cause.

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