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Proposition 187 was a ballot initiative, introduced in the 1994 California statewide elections, aimed at denying access to social services, public education, and health care for undocumented aliens or illegal immigrants. It was subtitled “Save Our State” and was seen by many as targeting California's burgeoning Latino population (and especially recent immigrants from Mexico). The campaign emerged mainly in the suburbs of Los Angeles and Orange counties and won a majority of voters (nearly 59%) in the entire state. The proposition was later overturned by federal courts, which deemed it unconstitutional. Since 1994, Proposition 187 has in many ways served as a benchmark for proposed legislation in other states aimed at limiting both legal and illegal immigration and at reducing the overall cost of social services for taxpayers. This entry describes Proposition 187, the legal battle it triggered, and its impact on similar efforts.

The Campaign

The worlds of immigration and politics have historically merged in the United States, and this was especially true as the face of immigration changed dramatically after around 1950. Although immigration has been part of the United States from its inception, the sources of this immigration after 1950 were primarily countries in Latin America and Asia, whereas prior to World War II these sources were primarily countries in Western and Eastern Europe. Thus, California was an environment ripe for such legislation in some ways.

Bordering Mexico and home to arguably the greatest melting pot of ethnicities and recent immigrants in the United States, California has the largest immigrant population of any state. During the early 1990s, economic conditions in California worsened and illegal immigrants became a target for Californians who believed they were paying too much in taxes for social services programs that were benefiting an ever-increasing number of these immigrants.

These concerns were addressed by the five major sections of Proposition 187. The first barred illegal aliens from the state's public education systems from kindergarten through college and required public educational institutions to begin verifying the legal status of both students and their parents. The second section required all providers of publicly paid, nonemergency health care services to verify the legal status of persons seeking services to be reimbursed by the state. The third section required that all persons seeking cash assistance and other benefits verify their legal status before receiving such benefits. The fourth section required all service providers to report suspected illegal aliens to the California attorney general and to the U.S. Immigration and Naturalization Service (INS). Finally, the fifth section made it a state felony to manufacture, distribute, or use false documents to obtain public benefits or employment by concealing one's legal status.

Public opinion on Proposition 187, not surprisingly, included vehement voices on both sides. Supporters of Proposition 187 backed their arguments by saying that the state would save a great deal of money and other resources on public services if these were not offered to illegal immigrants. However, opponents derided the legislation as racist and xenophobic and pointed out that it would cost more money to establish programs that would help to verify the residency status of all immigrants. In addition, health officials and doctors who opposed Proposition 187 feared that there would be a rise in health epidemics if illegal immigrants would not be permitted to receive immunizations or treatment for diseases or illnesses.

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