Advertisement
YOU ARE HERE: LAT HomeCollectionsCalifornia

Activists push ballot initiative to end state benefits for illegal immigrants and their U.S.-born children

The measure would end public benefits to illegal residents, challenge the citizenship of their U.S.-born children, cut welfare payments to those children and impose new birth certificate requirements.

July 13, 2009|Teresa Watanabe

The drive coincides with decisions in several states -- including Oklahoma, Colorado Virginia, Arizona and Georgia -- to curtail medical care, mortgage loans, homeless shelter relief and other benefits for illegal immigrants amid the national economic downturn.

Officials estimate that California's 2.7 million illegal residents account for $4 billion to $6 billion of the state's roughly $105-billion budget. Most of those costs are associated with schools, prisons and emergency healthcare.


Advertisement

"Are we going to continue asking taxpayers to pay for these services when the state is completely out of money?" asked Hilton, who first rallied against illegal immigration two decades ago.

Most illegal residents contribute to the state through taxes and labor, but research indicates that the costs to state and local governments outweigh the additional tax revenue, at least in the short term.

The nonpartisan state legislative analyst's office says the measure could reduce costs by more than $1 billion a year if it survives legal challenges.

Peter Schey, a Los Angeles attorney who successfully challenged Proposition 187, said courts would almost certainly strike down the measure.

"This proposal . . . has no chance of surviving a constitutional challenge," he said. "It is plainly driven by racism and a desire to whip up xenophobia during difficult economic times for U.S. citizens."

Backers say, however, that they have carefully crafted the measure to avoid the legal pitfalls that doomed Proposition 187, which would have barred illegal immigrants from receiving any public social services, education and nonemergency medical care. Voters approved it, 59% to 41%, but a federal judge ruled that the measure unconstitutionally usurped federal jurisdiction over immigration.

This time, backers worked with attorneys who have helped craft successful efforts to curtail benefits in other states.

The new measure does not claim any state authority to regulate immigration, said Mike Hethmon, an attorney with the Washington-based Immigration Reform Law Institute who advised the initiative's authors. Instead, he said, it is based on federal authority delegated to the states to restrict access to benefits and verify applicants' eligibility.

Under the 1996 federal welfare reform law, illegal residents are barred from welfare, public housing, food assistance, unemployment aid and other federal benefits. California laws, however, allow illegal residents to receive some state and local benefits, including nonemergency medical care.

Los Angeles Times Articles
|