Wednesday, December 01, 2004
Proposition 200 On Hold
Courtesy of The Arizona Republic:
A federal judge on Tuesday temporarily blocked the implementation of Proposition 200, saying attorneys raised serious questions about its constitutionality and its potential conflicts with federal law.Personally I have no objection to blocking an unconstitutional ballot initiative, though I do not see what is wrong with this particular one. Further, the rationale for delaying its implementation appears to hinge more upon sentimental claptrap like this from the judge:
U.S. District Judge David C. Bury granted a temporary restraining order late Tuesday and set a Dec. 22 hearing on evidence for and against the anti-illegal immigration measure.
It seems likely that if Proposition 200 were to become law, it would have a dramatic, chilling effect upon undocumented aliens who would otherwise be eligible for public benefits under federal lawThis is not significant legal reasoning, but instead a vague feeling of uneasiness. Then there's this objection:
At worse, it will cut off all state services, including education, medical care, and police and fire services, to all individuals who are unable to immediately provide adequate proof of their U.S. citizenship or residence.Cry me a bloody river. First of all, I am not sure how anybody will be denied access to "fire services" for failure to present identification. Do firemen go around asking people for their greencards before putting out fires? Second, and more importantly, the state is doing nothing more than requiring that people actually account for who they are and present proof that they are legally entitled to the benefits they are claiming. If this inconveniences illegal aliens, so be it.