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]

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