Latino Groups Poised to Challenge Anti-Immigrant Proposition 200
Feature Story by Ian Slattery - 11/23/2004
Passage of Arizona's Proposition 200 has raised concerns in the state's immigrant community, particularly its large Latino population. The controversial measure would require individuals to produce citizenship documents when voting or receiving government social services.Arizona officials certified election results on November 22, clearing the way for Proposition 200 to become law. Civil rights advocates have said they are prepared to challenge the measure.
Opponents of Proposition 200 argue that it could cost the state more than $50 million to implement. In addition, they say that government employees will be burdened with the task of verifying an individual's residency status before providing government services.
Under the provisions laid out in Proposition 200, government employees that provide services to undocumented individuals could face misdemeanor charges.
Since the election, Latino leaders throughout Arizona have been busy answering questions from immigrants worried about the implications of the new law.
"Arizona residents should remain calm and continue to access all government benefits and services as normal," said Hector O. Villagra, regional counsel for the Mexican American Legal Defense and Education Fund (MALDEF).
The Head Start program in Phoenix, Ariz., reported a precipitous drop in attendance the day after the election, as parents kept their children home in fear of challenges to their immigration status. Officials had to contact parents individually to assure them that their children were not at risk, telling parents that citizenship is not a requirement.
A similar measure, Proposition 187, was passed by California voters in 1994. However, legal challenges to the measure's constitutionality prompted a court injunction and prevented its provisions from ever taking effect.
Proposition 200 opponents hope to produce a similar outcome in Arizona.
"[We are] researching the legality of Prop. 200 and into challenges to prevent it from ever taking effect," Villagra said.
MALDEF officials say they plan to ask a judge to issue an injunction against the new provisions.
The ballot measure generated heated controversy prior to the election, especially after it was revealed that Virginia Abernethy, a member of the initiative's National Advisory Board, maintained ties with white extremist organizations.
As opponents focused the public's attention on the dangerous impact of Proposition 200, support for the measure waned, dropping more than 20 percentage points during the final six weeks of the campaign. (See past story).
"The more voters learned about the initiative, the less they liked it," said Janet Murguia, executive director and chief operating officer for the National Council of La Raza.
The measure was opposed by a broad range of civil rights, business, and political leaders, including Republican Senators John McCain and John Kyl, as well as Arizona Governor Janet Napolitano.
