Attorneys for Gov. Gray Davis and civil rights organizations have reached an agreement to end the litigation surrounding Proposition 187, effectively killing the landmark 1994 ballot referendum that targeted illegal immigrants and became a pivotal juncture in California's political life.
Davis has agreed not to appeal an earlier federal court ruling that held much of the initiative to be unconstitutional. The agreement, which is expected to be filed today with the U.S. 9th Circuit Court of Appeals in San Francisco, almost certainly will prevent the case from going to the U.S. Supreme Court, said lawyers on both sides of the case.
Proposition 187, approved by nearly 60% of California voters, became a national symbol of anger about illegal immigration. Court battles, however, blocked most of its provisions from being enforced.
The deal seems sure to ignite additional controversy, since it permanently bars the enactment of the ballot measure's core provisions--those preventing illegal immigrants from attending public schools and receiving social services and subsidized health care, according to the lawyers.
Also voided are requirements that local law enforcement authorities, school administrators and social and medical workers turn in suspected illegal immigrants to federal and state authorities.
All that will remain of Proposition 187 under the agreement are two relatively minor laws that establish state criminal penalties for the manufacture and use of false documents to conceal illegal immigration status.
The agreement, in essence, preserves a decision handed down last year by U.S. District Judge Mariana R. Pfaelzer in Los Angeles, lawyers familiar with the case said. Pfaelzer found that Proposition 187 was unconstitutional because it conflicted with federal authority in immigration law.
Under the agreement, both sides will drop appeals now pending before the 9th Circuit appellate court. The case will then be sent back to Pfaelzer, who will accept comments from opponents and proponents before giving final approval.
The agreement notes that the state is free to enforce any restrictions that have been adopted under other federal laws, such as the 1996 welfare overhaul. For example, Congress that year made illegal immigrants ineligible for most nonemergency public aid--a key component of Proposition 187.
