State Asks Court to Bar Illegal Immigrants From 2 Care Programs

In the latest legal twist involving embattled Proposition 187, California authorities went to court Wednesday seeking to exclude illegal immigrants from two state-funded programs--prenatal care and long-term aid for the elderly--and signaled their future intention to ban the undocumented from a range of other purely state-financed assistance efforts.

“We think the judge at this stage of the game should proceed to render a final judgment telling everybody, plaintiffs and defendants, what programs can go ahead,” said Charlton Holland, an assistant attorney general working on the case.

Lawyers fighting implementation of Proposition 187, who have waged a successful court battle holding up enactment of the controversial ballot initiative, promptly denounced the state’s move as politically motivated and mean-spirited--particularly because the prenatal care at issue involves the health of future U.S. citizens. Opponents vowed further court action against any effort to use Proposition 187 to restrict services.

“The only thing I can imagine is that the state has a burning desire to hurt children and elderly people,” said Stephen Yagman, who is among the lawyers challenging implementation.

But state officials say they are merely attempting to uphold the will of California voters, who cast ballots in favor of the initiative by an almost 3-2 margin in November 1994.

In a statement, Gov. Pete Wilson’s office said there was “no good reason” not to implement the prenatal and long-term care ban for illegal immigrants. Such aid cost California taxpayers almost $75 million during 1994-95, officials estimate.

Nonetheless, attorneys predicted that it would be months, if not years, before California officials would be able to put the proposed bans into place after legal challenges.

“I’d be very surprised if we see the state implementing any of these policies in the real world at any time in the near future,” said Peter Schey of the Center for Human Rights & Constitutional Law, who is on the anti-Proposition 187 legal team.

The state’s latest effort is in response to last November’s ruling by U.S. District Judge Mariana R. Pfaelzer, who threw out most portions of the initiative, which largely had been blocked by court order since its passage. The judge ruled that much of the ballot measure constituted an illegal state scheme to regulate immigration--an exclusively federal responsibility.

Proposition 187 sought to bar most publicly funded, nonemergency medical, social and educational assistance to illegal immigrants. Among other provisions, the measure also mandated that educators, health professionals and law enforcement officials report “suspected” illegal immigrants to federal authorities.

While invalidating much of Proposition 187, Pfaelzer ruled that the state could attempt to ban illegal immigrants from exclusively state-funded programs. That is the opening that prompted California authorities to file new court papers Wednesday. The judge’s approval is needed before the state can proceed.

Ultimately, California authorities are expected to appeal last year’s federal court ruling striking down much of Proposition 187. Many observers anticipate that the matter will wind up in the U.S. Supreme Court.