"Prop. 200, democracy thrown for loop"

From the Arizona Republic's Robert Robb:

I was critical of Proposition 200, the illegal immigration initiative, prior to the election.

It was, in effect, expressing a sentiment by enacting a law of unknown effects and consequences. And I don't think that's good governance.

But the voters passed it, and supporters deserve a good-faith attempt at implementing it...

But last week, good-faith implementation - and democracy - got at least temporarily derailed.

A federal judge, Tucson's David C. Bury, temporarily enjoined the law from going into effect. His rationale was that Proposition 200 might be pre-empted by federal law, and that the "balance of hardships" fell on those challenging the law, not on the state for a deferred implementation.

According to Bury's opinion: "It seems likely that if Proposition 200 were to become law, it would have a dramatic chilling effect upon undocumented aliens who would otherwise be eligible for public benefits under federal law."

Bury's decision is perplexing in a couple of respects...

Immigration2004 · Mon, 12/06/2004 - 15:30 · · Importance: 1