feclnogn
New member
I pulled this off of another board,
Prop. 200 injunction rejected by court
Opponents attempted to halt implementation
Yvonne Wingett
The Arizona Republic
Jan. 15, 2005 12:00 AM
Proposition 200 opponents on Thursday lost a key appeal to a court in San Francisco but vowed to continue fighting the measure regarding undocumented immigrants.
A federal appeals court panel shot down an emergency motion by a civil rights group to block implementation of some provisions of Proposition 200. The measure, approved by Arizona voters in November, denies public-welfare benefits to undocumented immigrants.
Two judges on the 9th U.S. Circuit Court of Appeals rejected the injunction request from the Mexican American Legal Defense and Educational Fund but did not rule on the case's merits. The decision does not apply to Proposition 200's voting provisions, which require voters to prove citizenship when registering.
The group is appealing a ruling by U.S. District Judge David Bury of Tucson, who said opponents had a slim chance of challenging the proposition's constitutionality.
The decision disappointed some Valley Hispanics who vehemently oppose Proposition 200, perceiving it to be racist. But it reinforced the belief among its supporters that the law is on their side.
"This is a good thing," said 23-year-old Eric Aucker, a Mesa real estate investor. "This tells me there's obviously a problem and the judges recognize there's a problem. They recognize we have to protect our borders."
Proposition 200 requires state and local employees to confirm and report the immigration status of people applying for public benefits. Employees must turn undocumented immigrants in to immigration authorities or face prosecution, up to four months in jail and a $750 fine.
Arizona Attorney General Terry Goddard has said Proposition 200 applies to only five programs that provide eyesight services and help with utility repairs, among other public services.
Proposition 200 proponents have a lawsuit pending that would expand Goddard's definition to include considerably more services. They will return to Maricopa County Superior Court in Mesa on Jan. 27.
Thursday's decision comes two months after voters defied state leaders and swept the controversial initiative into the courtroom. The approval intensified the debate over Arizona's immigration crisis and panicked its immigrants.
A Phoenix lawyer involved in the challenge said Proposition 200 is cruel and the Mexican American Legal Defense and Educational Fund will persevere in court.
"This law is inhumane," said Latino leader Daniel Ortega. "This law is unconstitutional. And we're going to take it all the way. It's not over."
Randy Pullen, chairman of Yes on 200, said it is.
"They're going to lose all the way," said Pullen, a Phoenix businessman who pushed the proposition. "To me, this is an issue abut illegal immigration and the broader impact it has on the country, economics and our social issues here."
The 9th Circuit will rule on the constitutionality of Proposition 200 in four to six months, Ortega said.
Proposition 200's legal battle is just one aspect of a wider battle to define the place of undocumented immigrants in Arizona, said Carlos Duarte, a Hispanic union organizer.
"Even though this legal battle seems lost, the fight to define the place of the undocumented in this society continues," Duarte said. "The undocumented continue to work hard, attend school, attend church, produce and consume here in Arizona and contribute socially and culturally." And import crime, and street gangs, and drugs, and diseases, and...
The Associated Press contributed to this article.
Prop. 200 injunction rejected by court
Opponents attempted to halt implementation
Yvonne Wingett
The Arizona Republic
Jan. 15, 2005 12:00 AM
Proposition 200 opponents on Thursday lost a key appeal to a court in San Francisco but vowed to continue fighting the measure regarding undocumented immigrants.
A federal appeals court panel shot down an emergency motion by a civil rights group to block implementation of some provisions of Proposition 200. The measure, approved by Arizona voters in November, denies public-welfare benefits to undocumented immigrants.
Two judges on the 9th U.S. Circuit Court of Appeals rejected the injunction request from the Mexican American Legal Defense and Educational Fund but did not rule on the case's merits. The decision does not apply to Proposition 200's voting provisions, which require voters to prove citizenship when registering.
The group is appealing a ruling by U.S. District Judge David Bury of Tucson, who said opponents had a slim chance of challenging the proposition's constitutionality.
The decision disappointed some Valley Hispanics who vehemently oppose Proposition 200, perceiving it to be racist. But it reinforced the belief among its supporters that the law is on their side.
"This is a good thing," said 23-year-old Eric Aucker, a Mesa real estate investor. "This tells me there's obviously a problem and the judges recognize there's a problem. They recognize we have to protect our borders."
Proposition 200 requires state and local employees to confirm and report the immigration status of people applying for public benefits. Employees must turn undocumented immigrants in to immigration authorities or face prosecution, up to four months in jail and a $750 fine.
Arizona Attorney General Terry Goddard has said Proposition 200 applies to only five programs that provide eyesight services and help with utility repairs, among other public services.
Proposition 200 proponents have a lawsuit pending that would expand Goddard's definition to include considerably more services. They will return to Maricopa County Superior Court in Mesa on Jan. 27.
Thursday's decision comes two months after voters defied state leaders and swept the controversial initiative into the courtroom. The approval intensified the debate over Arizona's immigration crisis and panicked its immigrants.
A Phoenix lawyer involved in the challenge said Proposition 200 is cruel and the Mexican American Legal Defense and Educational Fund will persevere in court.
"This law is inhumane," said Latino leader Daniel Ortega. "This law is unconstitutional. And we're going to take it all the way. It's not over."
Randy Pullen, chairman of Yes on 200, said it is.
"They're going to lose all the way," said Pullen, a Phoenix businessman who pushed the proposition. "To me, this is an issue abut illegal immigration and the broader impact it has on the country, economics and our social issues here."
The 9th Circuit will rule on the constitutionality of Proposition 200 in four to six months, Ortega said.
Proposition 200's legal battle is just one aspect of a wider battle to define the place of undocumented immigrants in Arizona, said Carlos Duarte, a Hispanic union organizer.
"Even though this legal battle seems lost, the fight to define the place of the undocumented in this society continues," Duarte said. "The undocumented continue to work hard, attend school, attend church, produce and consume here in Arizona and contribute socially and culturally." And import crime, and street gangs, and drugs, and diseases, and...
The Associated Press contributed to this article.
