Anti-Immigration Initiative Takes Effect in Arizona
By: Administrative Account | Source: CNSNews.com
December 24, 2004 6:07AM EST
By John Turner Gilliland
CNSNews.com Correspondent
December 24, 2004
(CNSNews.com) - More than a month after Arizona voters passed a new initiative against illegal immigration, a federal judge in Tucson lifted his Temporary Restraining Order (TRO) on Wednesday and has allowed Proposition 200 to become law.
Proposition 200, or Protect Arizona Now (PAN), cuts off undocumented aliens from public benefits, requires state workers to report anyone they suspect of trying to obtain those benefits illegally and requires anyone registering to vote to provide proof of citizenship. Voters also have to show government-issued photo identification at the polls.
The measure also makes it a crime for state, county and city employees not to report anyone they suspect of illegally applying for benefits. In fact, failure to report could mean an employee would face Class 2 misdemeanor criminal charges punishable by $750 in fines and up to a year in jail per count.
The state agency most affected by the measure, the Department of Economic Security (DES), has about 2,500 employees ready to check applicants' documentation. DES spokesperson Liz Barker promises that any worker who accidentally violates the new law will be defended.
In an effort to ensure compliance, Gov. Janet Napolitano has already ordered random checks at state agencies.
In his decision, Judge David Bury wrote that the government has answered the "serious concerns" which convinced him to issue November's TRO in the first place.
Bury added that Attorney General Terry Goddard's interpretation of the wording of Proposition 200 doesn't exceed federal law, which already requires said documentation.
Now that the law is in effect, much of the confusion seen before the TRO was put in place is again rampant. State Rep. Ben Miranda told the Cybercast News Service that many of his constituents are afraid.
"A fear factor has set in. People tell me that they are legal immigrants and their children are citizens, but they are afraid to apply for the Arizona Health Care Cost Containment System (AHCCCS)," Miranda said. "They ask me: 'Should I go to court on a traffic ticket?' They say they have witnessed a crime and are afraid to report it."
Supporters of Proposition 200 tell a very different story. State Rep. Russell Pearce noted: "Thus is a huge win for the taxpayers of Arizona, the rule of law and the Constitution."
Pearce said the measure now gives the public the means to report people they suspect of illegally receiving public benefits.
Much of the argument surrounding the constitutionality of Proposition 200 deals with the words "public benefits." Goddard's office has defined "public benefits" as pertaining only to welfare, but supporters of Proposition 200 are suing to broaden that definition to include employment benefits, college tuition assistance, public housing and more.
Communities throughout the Grand Canyon State are confused as to the scope of Proposition 200. Officials in the town of San Luis worry that they'll be forced to ban illegal aliens from the public libraries, while the Miami, Ariz., City Council isn't even familiar with the measure.
Phoenix, the largest city and capital of Arizona, has hired a phalanx of 200 specialists devoted to implementing its version of Proposition 200. The Phoenix city council has also voted to pay for the legal defense of any city employees who unwittingly violate the measure during the course of their duties.
But if Latino activists have their way, all this effort will be wasted.
The Mexican American Legal Defense Fund (MALDEF) said it will file an appeal in the 9th Circuit Court of Appeals in San Francisco early next week. MALDEF lawyers will be seeking another TRO, which would put Proposition 200 back on hold until the full federal court system determines whether on not the measure passes constitutional muster.
Miranda noted that could take a while. "Though it'll only take about 30 days to decide on the temporary restraining order, it'll take another year, year and a half to get to court.
"In the end," Miranda said, "the measure will be ruled unconstitutional. Arizona is already under federal scrutiny for electoral problems, and the criminal sanctions outlined in Proposition 200 will sink it."
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