Senate Resolution No. 51

Introduced by Senators Lara and De León

June 17, 2014

Senate Resolution No. 51—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 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 to 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. Arthur 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 to the United States Constitution;
and

WHEREAS, 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; 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 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 the former
Immigration and Naturalization Service 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-immigration 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;
and

WHEREAS, 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 provided for the well-being of all Californians,
regardless of their immigration status, race, ethnicity, religion,
gender, sexual orientation, or socioeconomic position; now,
therefore, be it

Resolved by the Senate of the State of California, That the Senate
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 Secretary of the Senate transmit copies of
this resolution to the author for appropriate distribution.