11.11.4 Illegal Aliens. Ineligibility for Public Services. Verification and Reporting

In 1994 California voters passed Proposition 187, a statewide referendum that sought to deny government services to undocumented individuals. While the proposition was challenged in courts and never became operative in the state, it does reveal how a majority of voters in California felt about immigrants in the 1990s. Based on your reading of this text, what did Proposition 187 propose to change for education, healthcare, and access to services for undocumented individuals? Do you see similarities or differences between this law and others that preceded it? In what ways do you think California Proposition 187 was a continuation of earlier attitudes toward immigration? In what ways do you see it as different from earlier policies? What connections do you see between this 1994 proposition and more recent attitudes and laws about immigration in the state or nationwide?

In 1994 California voters passed Proposition 187, a statewide referendum that sought to deny government services to undocumented individuals. While the proposition was challenged in courts and never became operative in the state, it does reveal how a majority of voters in California felt about immigrants in the 1990s. In many ways, California's passage of this proposition reflects nativism, nationalism, and xenophobia from the early twentieth century. And in many more ways, Proposition 187 foreshadowed much of the anti-immigrant sentiment that would surge nationally in the 2010s, as illustrated by President Trump's famous calls to build a stronger southern border wall along with his heated anti-immigrant rhetoric and policies. When voters went to the polls in 1994, they supported the proposition by a margin of two to one, and it was part of a broader anti-immigrant reelection strategy of Republican Governor Pete Wilson. Ask your students to understand the literal aspects of Proposition 187 by posing the following questions to them: What did Proposition 187 propose to change for education, healthcare, and access to services for undocumented individuals? Do you see similarities or differences between this law and others that preceded it? In what ways do you think California Proposition 187 was a continuation of earlier attitudes toward immigration? In what ways do you see it as different from earlier policies? What connections do you see between this 1994 proposition and more recent attitudes and laws about immigration in the state or nationwide? Emphasize to students that when courts overturned Proposition 187, they did so not on humanitarian grounds but instead because of the legal argument that the federal government, not the state, holds the power to set immigration policy.

Section 1. Findings and Declaration.
The People of California find and declare as follows:
That they have suffered and are suffering economic hardship caused by the presence of illegal aliens in this state.
That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this state.
That they have a right to the protection of their government from any person or persons entering this country unlawfully.
Therefore, the People of California declare their intention to provide for cooperation between their agencies of state and local government with the federal government, and to establish a system of required notification by and between such agencies to prevent illegal aliens in the United States from receiving benefits or public services in the State of California....
Section 3. Use of False Citizenship or Resident Alien Documents: Crime and Punishment:
Section 114 is added to the Penal Code, to read:
114. Any person who uses false documents to conceal his or her true citizenship or resident alien status is guilty of a felony, and shall be punished by imprisonment in the state prison for five years or by a fine of twenty-five thousand dollars ($25,000).
Section 4. Law Enforcement Cooperation With Ins.
Section 834b is added to the Penal Code to read:
834b. (a) Every law enforcement agency in California shall fully cooperate with the United State Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws....
Section 5. Exclusion of Illegal Aliens from Public Social Services
Section 10001.5 is added to the Welfare and Institutions Code, to read:
10001.5. (a) In order to carry out the intention of the People of California that only citizens of the United State s and aliens lawfully admitted to the United States may receive the benefits of public social services and to ensure that all persons employed in the providing of those services shall diligently protect public funds from misuse, the provisions of this section are adopted.
(b) A person shall not receive any public social services to which he or she may be otherwise entitled until the legal status of that person has been verified as one of the following:
(1) A citizens of the United States.
(2) An alien lawfully admitted as a permanent resident.
(3) An alien lawfully admitted for a temporary period of time.

(c) If any public entity in this state to whom a person has applied for public social services determines or reasonably suspects, based upon the information provided to it, that the person is an alien in the United States in violation of federal law, the following procedures shall be followed by the public entity:
(1) The entity shall not provide the person with benefits or services
(2) The entity shall, in writing, notify the person of his or her apparent illegal immigration status, and the person must either obtain legal status or leave the United States.
(3) The entity shall also notify the State Director of Social Services, the Attorney General of California, and the United State Immigration and Naturalization Service of the apparent illegal status, and shall provide any additional information that may be requested by any other public entity.

Section 6. Exclusion of Illegal Aliens from Publicly Funded Health Care....
Chapter 1.3. Publicly-Funded Health Care Services
130. (a) In order to carry out the intention of the People of California that, excepting emergency medical care as required by federal law, only citizens of the United States and aliens lawfully admitted to the United States may receive the benefits of publicly-funded health care, and to ensure that all persons employed in the providing of those services shall diligently protect public funds from misuse, the provisions of this section are adopted.
(b) A personal shall not receive any health care services from a publicly-funded health care facility, to which he or she is otherwise entitled until the legal status of that person has been verified as one of the following:
(1) A citizen of the United States.
(2) An alien lawfully admitted as a permanent resident.
(3) An alien lawfully admitted for a temporary period of time....

Section 7. Exclusion of Illegal Aliens from Public Elementary and Secondary Schools.
Section 48215 is added to the Education Code, to read:
48215. (a) No public or elementary or secondary school shall admit, or permit the attendance of, any child who is not a citizen of the United States, and alien lawfully admitted as a permanent resident, or a person who is otherwise authorized under federal law to be present in the United States....
Section 8. Exclusion of Illegal Aliens from Public Postsecondary Educational Institutions.
Section 6610.8 is added to the Education Code, to read:
66010.8. (a) No public institution of postsecondary education shall admit, enroll, or permit the attendance of any person who is not a citizen of the United State, an alien lawfully admitted as a permanent resident in the United States, or a person who is otherwise authorized under federal law to be present in the United States....