Lawsuit filed over AG's opinion on public benefits under Prop 200
Sunday, November 21, 2004 at 02:43AM
TheSpook
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]