It’s Time to Let Prop. 187 Die

Gov. Gray Davis said often during his election campaign that he wanted to foster a climate of tolerance rather than division in the state. A good first move would have been to drop the state’s legal defense of Proposition 187, most of which has been declared unconstitutional by a federal district judge.

Instead, Davis said Thursday that though he opposes 187, its legality should be considered by the U.S. Supreme Court. Davis also said he had not decided whether to continue the state’s appeals on behalf of the proposition. The muddled statement seems to reflect ambivalence by the governor on this issue and fear of 187’s supporters in the Legislature. Davis can’t have it both ways, and California does not need a revival of the divisions inflamed by 187.

Back in 1994, Davis, then a candidate for lieutenant governor, opposed the successful ballot measure, which called for denying schooling and many other state services to illegal immigrants; The Times opposed it as well. The proposition’s chief backer was then-Gov. Pete Wilson. Though Wilson struck a chord of voter resentment against illegal immigration during a bad economy, almost everything about Proposition 187 seemed counterproductive, particularly the blocking of most health care, including prenatal, and the denial of public schooling to illegal immigrant children.

A little more than a year ago, U.S. District Judge Mariana R. Pfaelzer ruled both of these provisions unconstitutional. She also blocked a part of 187 directing local law enforcement authorities to turn in suspected illegal immigrants. Immigration, Pfaelzer said, is an issue for the federal, not state, government.

The state’s appeal is before the U.S. 9th Circuit Court of Appeals, which expects Davis to decide by April 5 whether he will pursue the issue. Davis should quit dithering. Teachers, doctors and police departments all objected to enforcing 187. Illegal immigration obviously needs to be controlled, but not by primary teachers and clinic nurses.

A continuation of the appeal just sends good taxpayer money after bad. And Davis’ failure to take a firm stand will send contradictory signals to Mexico, where he recently promised during a visit that “the days of shouting and finger-pointing are over.”

If Davis drops the appeal, die-hard supporters of 187 in the state Legislature will certainly try to make political hay of it. But our bet is that they won’t get much of an audience these days.