California Legislature—2013–14 Regular Session

House Resolution No. 46

Introduced by Assembly Member Gonzalez

June 17, 2014

House Resolution No. 46—Relative to immigration.

WHEREAS, California’s prosperity is intimately tied to the
tenacity, innovativeness, and diversity of its people; and

WHEREAS, 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;
and

WHEREAS, 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 initiative
history; and

WHEREAS, With 59 percent of voters in favor of the initiative
and 41 percent against it, Proposition 187 was a pernicious and
unabashed attempt to target and scapegoat immigrants for the
economic recession in the mid-1990’s; and

WHEREAS, 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; and

WHEREAS, 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 United States; and

WHEREAS, Throughout our history immigrants have had to
confront hostile environments despite their contributions to our
economy; and

WHEREAS, The late 19th century was marked by a series of
efforts to explicitly limit Chinese migration into the United States,
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; and

WHEREAS, 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; and

WHEREAS, Following California’s lead, Congress and
President Chester A. Author approved the Chinese Exclusion Act
in 1882 to completely restrict Chinese immigration; and

WHEREAS, 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; and

WHEREAS, In 1972, voters approved Proposition 21, which
would have repealed a state law that required 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. Board of Education; and

WHEREAS, 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; and

WHEREAS, Proposition 187 was proposed and supported by
anti-immigrant groups; and

WHEREAS, Governor Pete Wilson used Proposition 187 to
secure his reelection in 1994 by pursuing a scathing campaign that
demonized undocumented parents and their children; and

WHEREAS, Proposition 187 would have specifically barred
the children of undocumented immigrants and 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; and

WHEREAS, Proposition 187 would have required teachers,
doctors, social workers, and law enforcement personnel to verify
the immigration status of families and report to Immigration and
Naturalization Services any individual reasonably suspected of
being illegally present in the United States, thereby turning civilians
into immigration agents; and

WHEREAS, Proposition 187 served as the unfortunate precursor
to the draconian anti-immigrant laws recently adopted in Arizona
(SB 1070) and Alabama (HB 56) that, like Proposition 187,
encourage racial profiling and targeting undocumented immigrants;
and

WHEREAS, As a society, we have learned time and time again
that discrimination against minorities ultimately does not benefit
anyone but rather hurts our economy and creates social dissonance;
now, therefore, be it

Resolved by the Assembly of the State of California, That after
20 years, the Legislature of California 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; and be it further

Resolved, That California 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; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the author for appropriate distribution.