Lawsuit filed over AG's opinion on public benefits under Prop 200

• Supporters say Initiative Means No Public Housing, Food Stamps, Unemployment or College Aid for Immigrants
• All Latinos will be subject to scrutiny
  

Supporters of Arizona's immigration initiative filed a lawsuit seeking to force government agencies to apply the measure to public benefits such as public housing, food assistance, college education and employment benefits. And Gov. Janet Napolitano said Friday she expects to sign a proclamation declaring Proposition 200 in effect "within a week or two" after Monday's canvass of results of the Nov. 2 general election. The lawsuit was filed Thursday in Maricopa County Superior Court by the Yes on Proposition 200 Committee and the Federation for American Immigration Reform. It claims Arizona Attorney General Terry Goddard was wrong in his Nov. 12 formal opinion that said Proposition 200 applies only to programs authorized under the state welfare law and only to some of those. "We are asking the judge to accept our interpretation of what public benefits mean," said FAIR attorney Michael Hethmon. Goddard concluded that "state and local public benefits" affected by Proposition 200 are limited to those defined under the welfare section of Arizona law and already subject to federal eligibility restrictions. In his opinion, that meant undocumented immigrants could receive library cards, immunizations and free school lunches without being referred to immigration authorities. Police and fire protection likely would not be refused, he said. But in the lawsuit, plaintiffs contend Goddard erred in relying on the publicity pamphlet provided to voters and the placement of the law in the welfare statute. Goddard's opinion is considered important because it provides guidance to government employees and others who must enforce the law. [more]

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