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Arizona: Judge lifts order blocking immigration initiative
A federal judge cleared the way Wednesday for an Arizona initiative to become law, more than a month after voters decided to deny some public benefits to illegal immigrants.
Judge lifts order blocking immigration initiative
Associated Press
Dec. 22, 2004 03:03 PM
TUCSON, Ariz. - A federal judge cleared the way Wednesday for an Arizona initiative to become law, more than a month after voters decided to deny some public benefits to illegal immigrants.
Opponents of the law said they would appeal the decision. Backers of Proposition 200 praised the outcome.
"We just hoped against all hopes that justice would be served and it was," said Kathy McKee, a key supporter of the measure.
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The Mexican American Legal Defense and Educational Fund had filed a lawsuit arguing that the measure was unconstitutional. U.S. District Judge David C. Bury on Nov. 30 issued a temporary restraining order preventing the measure from becoming law so he would have more time to consider the issues.
He lifted the restraining order Wednesday.
"Undoubtedly, we are disappointed with the judge's opinion," said Danny Ortega, an attorney for MALDEF. Bury said in his ruling that he didn't believe it was likely that opponents' arguments would succeed in court.
Additionally, while the court initially found "serious questions" regarding Proposition 200, further review led the judge to believe that those questions were resolved in favor on the measure's backers, the ruling said.
Proposition 200, which was approved by voters Nov. 2, requires proof of immigration status when obtaining certain government services and proof of citizenship when registering to vote. Government workers who don't report illegal immigrants seeking benefits could face jail time and a fine.
Backers promoted the measure during the campaign as a way to begin cracking down on illegal immigration in Arizona, the busiest illegal entry point on the U.S.-Mexico border.
Gov. Janet Napolitano, who opposed the measure, reacted to Bury's latest ruling by directing all state agencies to implement Proposition 200, to conduct internal audits to make sure all employees are trained to comply with it and to make periodic checks to determine that recipients of affected services are eligible under Proposition 200.
"We've done a lot of work to prepare for this day, and we're ready to go," Napolitano said in a statement. "The voters made the decision, and I intend to make sure the law is enforced correctly."
The state Department of Economic Security, the agency that oversees welfare programs, said it had completed training of more than 2,000 employees and had new procedures and policies in place for implementation of Proposition 200.
In a statement read by a spokeswoman, Attorney General Terry Goddard said: "The court has made its decision and now the state can move forward and implement the will of voters."
MALDEF's lawsuit argued that Proposition 200 is unconstitutional because it usurps the federal government's power over immigration and naturalization.
The group contends the law will harm families who depend on public benefits for basic necessities and could potentially cut them off from all state services.
"People will be afraid of going for the kind of services they need. ... I fear very much for our patients," said Tucson nurse Carolyn Trowbridge, following the judge's decision.
The measure wasn't intended to affect federally mandated services.
The affected programs administered by the DES are all relatively small. They include ones that provide stipends to disabled people awaiting Social Security eligibility, provide eye glasses and eye exams to adults enrolled in other welfare programs, and several forms of assistance related to utility service, DES spokeswoman Liz Barker said.
Goddard previously concluded that Proposition 200 applies only to non-mandated welfare benefits.
Supporters of the measure, however, filed a lawsuit Nov. 18 seeking to broaden its scope to include benefits such as public housing, food assistance, college education and employment benefits.
For more information:
http://www.azcentral.com/news/articles/122...
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Yvonne Wingett
The Arizona Republic
Dec. 21, 2004 12:00 AM
Driven by the passage of Proposition 200 and fears of anti-immigrant backlash, legal immigrants throughout the Valley are pouring into the offices of document preparers and lawyers to apply for citizenship.
Legal residents from Mexico and Latin America, advocates say, are taking the steps to become citizens because Proposition 200, which denies voting rights and welfare benefits to undocumented immigrants makes them feel like it's "open season" on immigrants. They figure citizenship will give them more power and make them less vulnerable.
"Some people feel that they're going to start deporting all Mexicans from the United States," Phoenix immigration attorney Emilia Banuelos said. "Some feel that Hispanics are an open target now because of Proposition 200 and there's going to be discrimination. Proposition 200 pushed people to say, 'Dammit, I've got to do it now.' "
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A coalition of Valley Latinos, meanwhile, is quietly pressing national advocacy groups to help prepare and process citizenship paperwork and to finance some of the costs.
But even with the push, legal permanent residents' attempt to become citizens is an arduous process. Legal permanent residents typically wait three to five years before they are eligible to apply for citizenship. If accepted, the application process in Phoenix takes about eight months.
Immigrants gain legal status by acquiring a green card, but many don't follow through to full citizenship.
Even before voters passed Proposition 200, the Phoenix office of U.S. Citizenship and Immigrant Services already was overwhelmed with applications for citizenship and green cards. As of October, the office still had some of the longest waiting periods for processing citizenship and green-card applications in the nation, despite making significant headway in reducing backlogs over the previous year.
Valley immigrants, meanwhile, are inquiring and enrolling in citizenship classes and the American civics and English courses included in them. Non-profit agency Friendly House, whose classes already are at capacity, reports a growing waiting list and dozens of post-200 citizenship inquiries.
"There's definitely pressure with Proposition 200," said Luis Enrique, the organization's director of adult education. "They (new residents) felt more pressure in trying to assimilate and acculturate and start speaking the language."
Immigration officials could not estimate how many legal permanent residents live in Arizona because they are free to move around the country. However, authorities believe there are thousands in the Valley like Porfirio Murillo, a native of the colonial city Zacatecas, Mexico.
Murillo became a legal permanent resident three years ago but fears Proposition 200 could take away the opportunities that come with the status.
"If I'm a citizen, I can make a decision on something like 200," said Murillo, a liquor-store clerk. "If you're not a citizen, the other people who are citizens are going to make a decision for me. I don't want that."
A federal judge has blocked the implementation of Proposition 200, which requires proof of citizenship when registering to vote and applying for welfare benefits. The measure also makes it a crime to provide those benefits to the undocumented. U.S. District Judge David C. Bury has set a Wednesday hearing on evidence for and against the anti-illegal immigration measure.
To some, the recent rush is reminiscent of the charge for citizenship in California, in the wake of Proposition 187. In the two years after voters passed that measure, more people applied for citizenship than in the previous 30 years, backlogging systems and eventually adding more Latinos to voter rolls.
Experts say Proposition 187 eventually led to political empowerment for Latinos, altering that state's political landscape and increasing opportunities for jobs and scholarships.
Hispanics moved for citizenship partly because some saw the elections turn against them. It jolted them to respond. But the flood of applications created a tremendous backlog for federal immigration officials and delayed for years the processing of paperwork.
Reach the reporter at yvonne.wingett [at] arizonarepublic.com or (602) 444-4712.