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Vol.63/No.45      December 20, 1999 
 
 
Opponents of immigrant rights try to revive Proposition 187 in California 
 
 
BY JIM ALTENBERG 
SAN FRANCISCO—Three months after California governor Gray Davis ended the state government's appeal of a court ruling striking down most of the provisions of California Proposition 187, sponsors of the anti-immigrant ballot measure announced that they are returning with a new edition of the law for placement on the ballot next year.

Under Proposition 187, which was approved in a 1994 referendum, so-called illegal immigrants were to be denied access to public education, health care, and other social services. The law required teachers, health-care workers, and others to turn in immigrants "suspected" of lacking papers documenting their right to live and work in the United States to the Immigration and Naturalization Service (INS) for deportation.

Ron Prince, one of the authors of 187, told reporters October 21 that he aims to ban the state from providing any benefits to immigrants without papers, emphasizing in particular prenatal care and public education. He also wants to require that the state government defend ballot measures in court, regardless of their legality.

Other anti-immigrant organizations, including the California Coalition for Immigration Reform and the Los Angeles-area Voice of Citizens Together, are seeking to enlist right-wing forces in a drive to recall the governor. They have attacked Davis not only for allowing 187 to die in court, but for establishing relations with Mexican president Ernesto Zedillo.  
 

Anti-immigrant demagogy

The 1994 election featured a demagogic political campaign by promoters of 187 that scapegoated immigrants for the declining conditions of life facing workers and the middle classes in California. This campaign was backed by sections of big business.

The campaign for 187 sought to convince working people and middle class residents to think of themselves first as "Americans," who have common interests that are threatened by immigrants, particularly those lacking legal U.S. residency papers. Pro-187 propaganda depicted undocumented immigrants as the cause of the increasing insecurity, unemployment, and shrinking public services that mark life in the capitalist United States at the end of the century. They pushed the lie that "illegal" immigrants "steal American jobs," and that their use of available government-funded schools, clinics, and other public services were the reason for high taxes.

The employers' nationalist appeal for protecting "our" jobs, "our" schools, "our country" from immigrants was echoed by union officials and other middle class political figures, including in Black, Asian, and even Latino communities, where a substantial minority voted in favor of 187. Polls taken on election day indicated that the percentage of workers who voted for 187 was similar to that of the other classes. Support for 187 could even be found among some immigrants themselves. The measure passed by a 59 percent margin.

Even capitalist politicians opposed to the measure argued for curbing the rights of immigrant workers. Many in the middle class, including organizations in the Black community and the trade union officialdom, proved themselves unable or unwilling to defend immigrant workers and answer the bosses' propaganda around Proposition 187, despite adopting a stance opposing it in resolutions and campaign material.

After the election, liberal opponents of the measure would claim that "voters" were "alienated" by the thousands of flags of Mexico and other countries carried in anti-187 demonstrations across California.

Nevertheless, large protests, involving tens of thousands of workers and young people, as well as subsequent actions after the election indicated that enforcing Proposition 187 would be far more difficult than winning votes for it at the polls. Garment workers and truck drivers in Los Angeles stopped work. High school students defied Los Angeles school administrators, cops, and city officials and walked out of class in protest of the measure.

These protests had a positive impact, even among workers who had backed the measure. Substantial debate over the issue continued among workers long after the elections. Moreover, thousands of immigrant workers and youth had entered into politics in the United States for the first time.

Since 1994, the bosses and their two political parties in California have deepened their attacks on hard-won social advances. Proposition 209, the so-called "California Civil Rights Initiative" that sought to prohibit all state affirmative action programs, was placed on the November 1996 ballot and adopted.

Two years later, supporters of another reactionary ballot measure, Proposition 227, which targeted bilingual education prominently featured Latino spokespeople. They urged an end to bilingual education—a gain particularly of the fight for Chicano rights—on grounds that children in bilingual classrooms were not being taught the English necessary for simply getting a job and succeeding in the United States.  
 

Attempt to revive Proposition 187

After Proposition 187 was passed, opponents of the measure quickly challenged it in federal court. Last year, U.S. District Judge Mariana Pfaelzer ruled that 187 was unconstitutional because federal law overides state authority in immigration matters. Pete Wilson, who was still governor of California at that time, tried to get this ruling overturned by a higher court, but in July of this year, the state's effort to keep 187 alive was ended.

Davis's 1998 campaign for governor pitched him as an opponent of 187. But after only three months in office Davis announced that he would not drop the state's effort to defend Proposition 187 in court, but instead would seek to mediate the issue with supporters of the measure.

This drew protests from his allies in the Democratic Party, particularly Latino politicians, who had stumped for Davis in communities where opposition to 187 was widespread.

Although mediation ultimately failed, Davis said that his agreement not to defend the law in court "essentially embraces the spirit of Proposition 187."

So far the attempt to revive the measure has not gained much momentum.  
 
 
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