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 Most Of California's Prop. 187 Ruled Unconstitutional (03-19-98)


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California Appeals Prop. 187 Ruling

LOS ANGELES (AllPolitics, March 26) -- California has appealed a federal judge's decision to overturn most of Prop. 187, a 1994 ballot measure which sought to restrict benefits for illegal immigrants.

Last week, U.S. District Judge Mariana Pfaelzer held most parts of Prop. 187 unconstitutional. In a statement, Attorney General Dan Lungren said he filed a notice of appeal Thursday.

"We have known for more than three years that Judge Pfaelzer intended to block the voter-approved Proposition 187," Lungren said. "Now that it is finally released from her court, we are able to proceed through the judicial process and obtain a verdict on the popular initiative's constitutionality."

The proposition would have denied health care, education and welfare benefits to illegal immigrants. Almost immediately, Judge 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.

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 Prop. 187, they would have had to report illegal immigrants to authorities and to deny them social service, health care and education benefits.

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