Davis Seeks Time to Consider Prop. 187

Gov. Gray Davis wants a court to give him another month to take a position on Proposition 187, the immigration initiative ruled unconstitutional by a federal judge.

A state lawyer asked the U.S. 9th Circuit Court of Appeals on Monday to extend its suspension of proceedings in the case by 30 days while Davis completes his review of the issue, the touchiest legal question to arise in his 3-month-old administration.

A 30-day extension was requested earlier in the day by civil rights groups that have sued to overturn Proposition 187. The extension, if approved, would end on Cinco de Mayo, a Mexican holiday commemorating the 1862 defeat of an invading French army.

The initiative, approved by 59% of the state’s voters in November 1994, would exclude illegal immigrants from public schools and eliminate nonemergency health and welfare services for which they remain eligible. It would also require public agencies and employees, such as teachers, to report suspected illegal immigrants to federal authorities.

U.S. District Judge Mariana Pfaelzer of Los Angeles blocked its enforcement and ultimately ruled most of the measure unconstitutional. She said it conflicted with exclusive federal authority over regulation of immigration, and with a 1982 Supreme Court ruling that barred Texas from denying education to illegal immigrants.

During last year’s campaign, Davis stressed his opposition to so-called wedge issues such as Proposition 187 but also promised to abide by the will of the people.

He has been urged by Latino leaders and some prominent Democrats to drop the state’s appeal. The Pacific Legal Foundation, which represents sponsors of Proposition 187, asked the court last week to reject any request by Davis to withdraw from the case.