[Congressional Record Volume 140, Number 149 (Thursday, December 1, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: December 1, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                            PROPOSITION 187

 Mr. SIMON. Mr. President, while implementation of proposition 
187, the so-called ``Save our State'' initiative passed by Californians 
this past election day, has already been stayed by both Federal and 
State courts on constitutional grounds, the informal implementation of 
proposition 187 has been very much in the news the past month.
  We have already heard stories of Hispanic teenagers being refused 
service at restaurants unless they could furnish evidence of lawful 
immigration status; of individuals with Hispanic surnames being denied 
service at local government offices; of Hispanic schoolchildren being 
told by their classmates to go ``back across the border.'' According to 
USA Today, ``[l]awyers and civil rights groups say they're flooded with 
complaints from residents who say they're being wrongly questioned 
about citizenship.'' Clearly, the citizens of California have come to 
view proposition 187 as a license to take any adverse action--whether 
warranted under law or not--against anyone whose complexion or surname 
suggests that they may be Hispanic, and, therefore, of undocumented 
immigration status.
  The problems with proposition 187 are not confined to illegal acts by 
California's citizens. Many individuals who are of undocumented status 
are declining to seek service at California hospitals, for fear that 
these hsopitals--in line with the dictates of proposition 187--will 
turn them in to the Immigration and Naturalization Service. Clinics in 
Hispanic neighborhoods have already reported a marked decrease in 
patients, and a young boy recently died because, many have said, his 
grandparents were afraid of seeking service at an area hospital for 
fear of being reported to the INS.
  Some of the consequences I have described were intended by proponents 
of INS, while others were largely unintended. Governor Wilson of 
California has already counseled Californians to ``learn the limits'' 
of proposition 187. What Governor Wilson and other proponents of the 
initiative fail to recognize, however, is the racism and anti-immigrant 
sentiment cannot easily be contained. Once such sentiments are given 
official sanction, as they are in proposition 187, they permeate all 
walks of life and affect behavior toward many, many individuals who 
have as much right to be in this country as you or I do.
  In but one month since its passage proposition 187 has been exposed 
as both constitutionally problematic and as unwise as a matter of 
policy. Neither of these developments comes as a surprise to many 
people who opposed the initiative from the outset. Clearly, illegal 
immigration is a problem that must be addressed in an effective manner. 
The early returns on proposition 187, however, indicate that that 
approach is not the answer. Many positive steps have already been taken 
in the past year to combat illegal immigration; I look forward to 
continuing working with my colleagues in Congress and with the 
Administration this issue.

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