Appellate Court Agrees to Mediate Prop. 187

A federal appeals court granted Gov. Gray Davis’ request Monday for mediation in the dispute over Proposition 187, the divisive 1994 measure barring illegal immigrants from attending public school or receiving other state benefits.

The decision means a mediator will try to get both sides to reach a compromise over Proposition 187. Mediation is not binding.

Proposition 187, which bars illegal immigrants from receiving public schooling and nonemergency health care, was approved by 59% of voters, but virtually all of it has been blocked by the federal courts.

Davis, a Democrat, opposed Proposition 187. His predecessor, Republican Pete Wilson, backed it.

Sidestepping a politically fraught issue, Davis proposed that the dispute be submitted to mediation, a process that is typically used to resolve matters such as attorney fees and other disputes that involve money.

On Monday, the U.S. 9th Circuit Court of Appeals’ chief mediator said the case was selected for the court’s mediation program.

A judge ruled last year that the core provisions of Proposition 187 amount to an attempt to regulate immigration, an area that is the exclusive responsibility of the federal government. In addition, the ban on public schooling was found to conflict with a U.S. Supreme Court ruling that struck down an identical prohibition in Texas.