BILL ANALYSIS Ó
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THIRD READING
Bill No: SR 51
Author: Lara (D) and de León (D)
Amended: As introduced
Vote: Majority
SUBJECT : Relative to immigration
SOURCE : Author
DIGEST : This resolution recognizes June 23, 2014, the date
marking the 20th anniversary of the qualification of Proposition
187 for the November 1994 ballot, as a day to celebrate
Californias diversity and a united future.
ANALYSIS : This resolution makes the following legislative
findings:
1. California's prosperity is intimately tied to the tenacity,
innovativeness, and diversity of its people and the state has
made tremendous progress in recent years in recognizing
undocumented immigrants as valued members of society by
enacting laws that promote the safety and livelihood of
immigrant families, including passage of the California DREAM
Act, the TRUST Act, and the Safe and Responsible Drivers Act.
2. In 1994, exactly 20 years ago, the voters of California
approved Proposition 187, now considered one of the most
mean-spirited measures in California's ballot history with
59% voters in favor of the initiative and 41% against it,
Proposition 187 was a pernicious and unabashed attempt to
target and scapegoat immigrants for the economic recession in
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the mid-1990's.
3. Although the vast majority of the measure was eventually
found to be unconstitutional and unenforceable by the federal
courts, its introduction and approval devastated immigrant
communities throughout California, pushing undocumented
people further into the shadows and spreading rampant fear of
public officials and police.
4. Proposition 187 is just one example of a long and troubled
history of targeting and blaming a group of people for
societal and economic hardships in the U.S. and throughout
our history immigrants have had to confront hostile
environments despite their contributions to our economy.
5. The late 19th century was marked by a series of efforts to
explicitly limit Chinese migration to the U.S., particularly
to California. Although Chinese immigrants provided a needed
workforce for the development of the west, including
construction of the Transcontinental Railroad, growing
anti-Chinese sentiments fomented fears that mass Chinese
immigration would threaten American wages and standards of
living.
6. These attitudes led to the passage of discriminatory laws.
A new California Constitution in 1879 explicitly banned
individuals of Chinese descent from public and corporate
employment and authorized the state government to determine
which individuals would be allowed to reside in the state.
7. Proposition 14 was approved in 1964 to counteract the
effects of the Rumford Fair Housing Act, which prohibited
housing discrimination based on ethnicity, religion, sex,
marital status, physical handicap, or familial status. It
was also held unconstitutional on the basis that it violated
the Equal Protection Clause of the 14th Amendment to the U.S.
Constitution.
8. Voters approved Proposition 21, which would have repealed a
state law that required the racial integration of schools and
was ultimately declared unconstitutional by the courts
because it stood in direct violation of the precedent set by
Brown v. the Board of Education.
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9. Proposition 187 is the most recent modern example of
California's troubled history and relationship with
minorities and immigrants and of misguided efforts to pass
laws that dehumanize people simply because they are
different.
10.Proposition 187 would have specifically barred the children
of undocumented immigrants from attending public schools,
required every school district to verify the legal status of
every child and parent, prohibited colleges and universities
from accepting undocumented students, and prohibited public
agencies and publicly funded health care facilities from
providing services to immigrants suspected of being
undocumented.
11.Proposition 187 served as the unfortunate precursor to the
draconian anti-immigration laws recently adopted in Arizona
and Alabama that, like Proposition 187, encourage racial
profiling and targeting undocumented immigrants.
12.That, after 20 years, the Legislature expressly acknowledges
the harm caused to Californians through passage of the
discriminatory and xenophobic Proposition 187 and its
corresponding campaign. Its passage marked a reprehensible
period for California, but it serves as a lesson as the
Legislature moves forward to provide for the well-being of
all Californians, regardless of their immigration status,
race, ethnicity, religion, gender, sexual orientation, or
socioeconomic position.
This resolution recognizes June 23, 2014, the date marking the
20th anniversary of the qualification of Proposition 187 for the
November 1994 ballot, as a day to celebrate California's
diversity and a united future.
FISCAL EFFECT : Fiscal Com.: No
JG:k 6/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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