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Thursday, August 11, 2005

Arizona's Restrictions On Illegal Aliens Survive Legal Challenge

Arizona's law prohibiting illegal aliens from receiving some public benefits has survived a challenge by the Mexican American Legal Defense and Educational Fund.

The Washington Times reports that a three-judge panel of the U.S. 9th Circuit Court of Appeals in San Francisco dismissed a lawsuit challenging the constitutionality of Arizona's Proposition 200:

"The appeal is dismissed for want of jurisdiction. The district court record reveals that there was no case or controversy between plaintiffs and the state of Arizona when pleadings were before the district court," the panel said.

Proposition 200, won approval from 56 percent of the voters in November's election.
Under the law, state and local government employees to verify the immigration status of those seeking public benefits they are prohibited from receiving under federal law and to report to federal immigration authorities any applicant who is in violation of U.S. immigration law. State employees are also subject to criminal charges if they fail to report illegals aliens, and requires people to show proof of citizenship when registering to vote.

This is a victory for common sense. It is wrong to require citizens to pay for services for illegal aliens.

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Arizona’s law prohibiting illegal aliens from receiving some public benefits has survived a challenge by the Mexican American Legal Defense and Educational Fund. The Washington Times reports that a three-judge panel of the U.S. 9th Circuit Court ... [Read More]

Comments

The law should prevail, we are just enforcing our laws simple has that.

Maybe I'm not reading this correctly, but it does not sound like all that much of a victory, really. The court did not say that the law was constitutional. Sounds like it could still be challenged.

Not bad news, I just hope common sense continues to prevail.

But it remains to be seen whether our illustrious governor will actually enforce the law. She opposed it from the beginning, and has done everything within her power (and some things that I'd argue lie outside her legal power) to defy the will of the people and keep those provisions from going into effect. There have been precious few changes in the last nine months, and I'm certainly not holding my breath to see them start. And don't even get me started on our border security--or lack thereof.

But it remains to be seen whether our illustrious governor will actually enforce the law. She opposed it from the beginning, and has done everything within her power (and some things that I'd argue lie outside her legal power) to defy the will of the people and keep those provisions from going into effect. There have been precious few changes in the last nine months, and I'm certainly not holding my breath to see them start. And don't even get me started on our border security--or lack thereof.

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