Arizona Capitol Reports Staff//December 24, 2004//[read_meter]
A federal district judge on Dec. 22 denied a request for a preliminary injunction against Prop. 200, so the controversial ballot initiative will take effect.
“The state can now move forward to implement the new statute,” Attorney General Terry Goddard said.
Prop. 200 requires that applicants for public benefits must prove their eligibility for those programs. People registering to vote also will be required to prove their citizenship.
A host of plaintiffs, including the Mexican American Legal Defense and Education Fund, contend the measure violates the constitutional rights of legal immigrants to the United States and also illegally turns state employees into immigration agents.
But Mr. Goddard stated in a formal opinion issued Nov. 12 that the “state and local benefits” subject to the verification requirements of Prop. 200 are limited to a relatively few public assistance programs under Arizona Revised Statutes Title 46. U.S. District Judge David C. Bury in Tucson on Dec. 22 agreed with that interpretation.
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