Political Science 111.00 - 005

Proposition 187: Illegal Immigration In California

(Constitution and Federalism)

Discussion Group Project

Prof. Christopher J. Malone

Name: Danny W. Soo

Kaori Miyazaki

Proposition 187 had been submitted to the federal government of the State of California in 1994 which proposed the ineligibility of illegal immigrants for public and social services. The California 1990 Census showed that more than one in five Californians were not born in California. There were about 1.6 million unauthorized immigrants among the foreign-born population and this number has been increasing by about 125,000 each year. Most illegal immigrants originally come to California by temporary basis - as tourist or student, and then remained after their departure date. They were then become "illegal immigrants" or "illegal aliens." However, all these illegal immigrants will be treated as legal because the U.S. Immigration and Naturalization Services (INS) will support and give them permission. After that, they will stay temporary or as a permanent resident. Federal law manages immigration, and the INS administers and enforces those laws. The amnesty granted by the federal 1986 Immigration Reform and Control Act legalized about 1.6 million former illegal immigrants in California. Illegal immigrants also may become legalized through regular immigration processes or by claiming asylum from persecution in their home country. They just would not stop the flow of illegal immigrants over the border.

Education, health care and welfare are available to them. Usually, illegal immigrants could not receive any welfare; however, illegal immigrants have to have a qualified to some social or public service and health care programs if they are Californians. For instance, any child in need may receive child welfare services or foster care. Illegal immigrants may also receive some of the health care services available to other poor people.

However, the U.S. Supreme Court has determined that excluding children who are illegal immigrants from public schools violates the federal constitution.As a result, illegal immigrants could attend public college and universities in California. For instance, the University of California and the California Community College systems generally charge illegal immigrants a higher tuition because the latter are just treated as non-resident students. The California State University system does not required higher fees based on the resident status of the student not to talk about the students' illegal status. By January 1 of 1996, each school district were required verify the legal status of the students. The measure requires school districts to take the following steps if they reasonably suspect any student, parent, or guardian who is not legally in the U.S.each term or semester. If the college or university reasonably suspects that a student or applicant for admission is an illegal immigrant, then, it must report to the INS, the state Superintendent of public instruction, the California Attorney General and to the affected student or applicant.

Any child in need could get child welfare services or foster care benefits under Aid to Families with Dependent Children (AFDC). These services are supported by the federal, state, and country funds. At first, counties supply foster care for illegal immigrant children at their own expense. After the INS specified that child in foster care could not be banished, the state and the federal government share in the cost. This measure could forbid counties and the state from supplying services to children whose citizenship or legal status who have not been verified. Withholding these programs could result in annual savings of roughly $50 million to the counties and the state. Federal matching funds for the AFDC program and the Medi-Cal program could also put at tasks by the measures reported needs. Exciting federal and state law need verification of legal status in order for persons to qualify for most available things and services supply by applicants in order to continue getting federal matching funds. Another supply in the measure could conflict with federal laws is to establish procedures agencies must follow before they can deny health or welfare benefits to any one. Second method is to take away the immigrants who do not have formal legal status eligibility for benefits. Social service agencies, county welfare offices generally must verify the legal status of persons applying for welfare benefits in the AFDC or county general assistance programs.

Under the U.S. Constitution, children born in this country to illegal immigrant parents are the U.S. citizens, just like any other child born here. There are many illegal immigrant families in California have citizen children but could receive exactly same rights and same benefits as any other citizens. The United State has no national identity card documenting our citizenship so it can be really complicated to identify illegal immigrants from the citizens. However, the INS has developed a computer system that the government agencies and employers might be able to use for the check the validity of most types of immigration documents.

The state and local agencies must comply with a variety of federal laws in order to receive federal funds for any education, health care and welfare programs. This law is needed to keep their records confidential. For instance, the Family Educational Rights and Privacy Act (FERPA) usually forbids the schools that receive federal funds from disclosing information in student records without parental consent. So now this initiative forbids the state and local government agencies from supplying publicly funded education, health care, welfare advantage, or social services to any person who are not verified as either a U.S. citizen or a person legally admitted to the U.S. The measure need public agencies and publicly funded health care is simply to verify that a person is a U.S. citizen or is legally authorized to be in the United states before supplying that person with social services, which include welfare programs and health care services, except for emergency health care needed by federal law. It says that if an agency or health care facility reasonably suspects that an applicant for benefits or services is an illegal immigrant, it has to report its finding to the INS, the California Attorney General, the State Department of Health Service, as appropriate, and to the affected person. The reporting agency or facility must also be willing to supply any additional information that the other agencies request. Federal law needs health facilities to supply necessary emergency care to any person with no further questions.

Regardless if income or legal status. This measure could not limit this case; however, this could some how place limitation on non-emergency care supply with public funds.

After all, the Proposition 187 can never be legalized because let say 20 years from now, all the children are now all grown up and that they are not eligible for all these basic public and social benefits eventhough they are the citizens of the U.S.?!! They did not do anything wrong but they will indirectly be excluded from the government yet they ahve to bear all the guilt for no reason. That does not make sense!