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November 22, 1995
Web posted at: 12:40 a.m. EST
From Correspondent Jim Hill and news service reports
LOS ANGELES (CNN) --California Gov. Pete Wilson exhorted Congress to make Proposition 187 law after a federal judge Monday ruled that portions of the voter-approved measure to discourage illegal immigration are unconstitutional.
In a 71-page ruling on a summary judgment filed by 187 opponents, U.S. District Judge Mariana Pfaelzer wrote that immigration is "unquestionably, exclusively a federal power."
She said that the state cannot deny social services, education and other federally funded programs, and cannot make independent determinations of immigration status.
The state could, however, refuse to spend its own money on undocumented immigrants, the judge said. She also did not strike down provisions that deny higher education benefits to undocumented students.
While recognizing the ground swell of "justifiable frustration" with illegal immigration among California's residents, the judge said the state cannot enact its own scheme to deal with the problem.
In November 1994, 59 percent of California voters approved Proposition 187, denying public education, social services and non-emergency health care to illegal immigrants. Supporters for the measure said illegal immigration was costing them billions of dollars.
On Monday, immigrant rights advocates hailed the court's decision, calling it the "last nail in the coffin of Proposition 187."
"This is a complete and total victory as it keeps education, health care and social services today available to all Californians," said Mark Rosenbaum of the American Civil Liberties Union.
Wilson, whose strong support for measure helped him win re-election last year, called the ruling "very unfortunate." Both he and the state's attorney general, Republican Dan Lundgren, promised to appeal the ruling. (136K WAV sound)
"We are in a ten-round heavyweight fight and we're just past the first round and we're just about even on the score-card," Lundgren said. (72k WAV sound)
Aware that a court battle could take years to resolve the issue, supporters of the proposition are drafting legislation after legislation, all aimed at keeping illegal immigrants out and denying them social services and education.
California Republican Congressman Rep. Frank Riggs is proposing a federal law that would allow all states to deny services to illegal immigrants.
The architect of Proposition 187, Ron Prince, is gathering signatures for a new initiative which supports a proposed Constitutional amendment that would effectively seal the borders. His initiative will require the California legislature to approve the proposed amendment.
The amendment calls for a two-thirds vote by Congress, and must then be ratified by at least 38 states. But supporters believed that it may still be a faster process than defending Proposition 187 in the courts.
The Associated Press contributed to this report.
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