Proposition 187:
The Nativist Campaign,
The Impact on the Latino
Community, and the Future

by

Kevin R. Johnson

 

Research Report No. 15

June 1996

 

The topic of my presentation certainly has been in the spotlight over the last year. California's Proposition 187 was an initiative passed by the voters by a 59-41% margin. If implemented, the initiative would bar state and local governments in California from providing non-emergency health care and social services and public education to undocumented immigrants. It would further require California law enforcement, health and social service agencies, and public school officials to report persons suspected of being undocumented to the Immigration and Naturalization Service. There was much media hoopla surrounding the Proposition 187 campaign in the fall of 1994. The initiative received national attention. The true test of this was that the New York Times ran an editorial on the subject. Even a couple of prominent national Republicans, Jack Kemp and Bill Bennett, publicly announced their opposition to the measure.

This national concern was justified. Many voters in California desired to "send a message" to the federal government. There apparently was a desire to get the federal government to deal with illegal immigration. Events in Congress over the last few weeks demonstrate that this message has had an impact.

I will attempt to analyze three discrete aspects of Proposition 187 in this report: (1) the racial undercurrent to the campaign; (2) the disparate impact that the measure may have on certain immigrant communities; and (3) the legal challenges to Proposition 187 that in all likelihood will ultimately be addressed by the United States Supreme Court.

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