Thursday, August 11, 2005

Arizona wins!! to hell with illegals

Court refuses to block benefits portion of Prop. 200

Aug. 9, 2005 11:17 AM
A federal appeals court on Tuesday refused to block implementation of a portion of a voter-approved Arizona law that denies some public benefits to illegal immigrants.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said the plaintiffs challenging the public benefits provisions of the law had no right to sue.

The law, which appeared on Arizona's 2004 general-election ballot as Proposition 200, bars illegal immigrants from receiving certain public benefits and makes it a crime for public employees to fail to report undocumented immigrants who seek the benefits outlined in the legislation. A separate provision requires people to show proof of citizenship when registering to vote.

The plaintiffs had asked the appellate court to rule that U.S. District Judge David Bury had abused his discretion by refusing to grant a preliminary injunction until a trial is held to determine whether the benefits prohibition is constitutional.

The provisions dealing with voters weren't affected by the challenge.

The three-judge panel's order said the plaintiffs hadn't demonstrated they were hurt by implementation of the law or been charged or specifically threatened with prosecution. Also, there was no allegation of a First Amendment injury that would lower the legal hurdle in front of the right to sue, the order said.

Supporters argued that the initiative approved by voters in November was needed because Arizona, the busiest illegal crossing area in the U.S., needs the protection given by this law.