Hispanic group files motion vs. Prop. 200
/A national Hispanic group is asking a three-judge federal panel to halt
implementation of some provisions of Proposition 200, which became law
roughly two weeks ago. On Tuesday, the Mexican American Legal Defense
and Educational Fund filed an emergency motion with the U.S. 9th
Circuit Court of Appeals in San Francisco seeking to block the
public-benefits provisions of the voter-approved law. The emergency
motion asks the judges to make a decision within 21 days. Two weeks
ago, U.S. District Judge David Bury in Tucson decided to let the
immigration measure become law. Daniel Ortega, one of the lawyers
challenging the constitutionality of Proposition 200, said stopping its
implementation now is necessary to prevent the plaintiffs, including
undocumented immigrants, and a firefighter and a state employee who
must implement the law, from suffering "irreparable damage." The
appeal claims Bury was wrong in concluding that there are no serious
questions about the scope and constitutionality of Proposition 200. It
also says the court failed to recognize that the measure violates
federal law partly because it requires state and local government
employees to check the immigration status of anyone seeking public
benefits and to turn over undocumented immigrants to immigration
authorities. The law also discourages qualified immigrants from seeking
public benefits they are entitled to receive under federal law, Ortega
said. "We're hopeful that the court will agree with us," Ortega said. [more] and [more]
