National Legal and Policy Center -- Legal Services Accountability Project
 
LSAP REPORT
 
Issue # 21 -- January 5, 1996


 
Legal Services Saddles California With Illegal Immigration

The federal legal services program is a major reason why California must spend billions of dollars caring for 2 million illegal immigrants. Currently, legal services groups are leading the effort to stop the implementation of Proposition 187 which bans government assistance for illegal immigrants.
 

Legal Services Leading Charge Against Prop 187

True to their word, several of California’s LSC grantees have initiated lawsuits to overturn Proposition 187’s ban on most government services for illegal aliens. In an opening round, California Rural Legal Assistance persuaded a state court to bar the enforcement of a ban on public higher education for undocumented immigrants. Currently, there are 14,000 illegal immigrants enrolled in the state’s community colleges in addition to 500 enrolled at California State University campuses and 125 at the University of California. CRLA is also involved in a federal suit seeking to overturn the provision denying Medicaid and welfare to illegal immigrants. Joining CRLA in this suit is the Legal Aid Society of San Mateo, the National Immigration Law Center and the San Francisco Neighborhood Legal Assistance Foundation.
 
See Hannah Nordhaus, “No Quiet Fronts in This War,” The Recorder,  November 10, 1994, pg.2; “Prop. 187 Ban on Higher Education   Barred,” Los Angeles Times, February 9, 1995, A3
 

Schools Can’t Request Documents

California Rural Legal Assistance forced a San Diego-area school district to stop requesting immigration forms to determine if students are legal residents of the district. While federal law prohibits schools from inquiring about citizenship status, state law mandates that districts verify that students are legal residents of the district. San Diego-area districts are especially concerned about students illegally attending their schools after it was discovered last year that Mexican nationals residing in Mexico crossed the border to attend US schools. Officials of the Escondido Union High School District said they requested the immigration forms only as a way to verify that the students were in fact residing in their districts. CRLA said such requests for documentation would scare away children of immigrants.

 See Lisa Petrillo, “Escondido Schools to Stop Using INS Forms,” The San Diego Union-Tribune, September 30, 1995, pg. B1
 

Questions Computer Screening of Applicants For Work Eligibility

The National Immigration Law Center criticized an innovative computer system that employers can use to instantly verify the citizenship status of job applicants. GT Bicycles of Santa Ana, one of 231 businesses participating in a pilot program, used the Verification Information System to identify 185 ineligible workers from 1000 applicants over a two month period. The VIS appears to counter the easy ability of illegal immigrants to use fake documents to get jobs. However, the National Immigration Law Center says it is concerned that it will be used to discriminate against applicants who look foreign.
 
See Leslie Earnest, “They’re On-Line With INS,” Los Angeles Times, December 4, 1995, pg. D1
 

Supports Automatic Citizenship for Children of Illegal Aliens

The National Immigration Law Center is attacking a proposed constitutional amendment to end automatic citizenship for the offspring of illegal immigrants. Under current citizenship laws, children born to illegal aliens in the U.S. are automatic citizens and entitled to costly federal assistance such as Aid to Families with Dependent Children and Medicaid. In 1992, 96,000 babies born to undocumented women in California were covered by the state’s Medicaid program at a cost of more than $230 million. The National Immigration Law Center said the proposed amendment violates illegal aliens’ 14th amendment rights.
 
See Marc Lacey, “Move to Limit Citizenship Gains Support,” Los Angeles Times, June 11, 1995, pg. A1
 

Attacks Effort to Crack Down on Illegal Aliens Living in Public Housing

In 1992, California Rural Legal Assistance attacked a proposed congressional law to prohibit illegal aliens from living in public housing. California Congressman Elton Gallegly’s bill called for public housing agencies to annually inspect all federally-funded units to determine if illegal immigrants were living in them. Gallegly felt his bill was necessary because federal housing officials were not adequately enforcing the prohibition. CRLA said it was just an attempt “to whip up anti-immigrant fear.”

 See Carlos v. Lozano, “Gallegly Proposal Prompts Charges of Racial Politicking,” Los Angeles Times, September 19, 1992, pg. B1
 

Chaos At the Border

In 1991, California Rural Legal Assistance criticized the California State Department of Transportation for building a fence in the median of interstate 5 south of San Diego to prevent hundreds of illegal aliens from running across the freeway to avoid an INS checkpoint. Between 1985 and 1991, 112 illegal aliens had been killed running back and forth across the interstate to avoid the checkpoint. It seems they would jump out of smugglers’ vehicles, dart across eight lanes of freeway, walk north past the checkpoint and then run back across the eight-lane road to be picked up by the waiting smugglers. CRLA did not want a fence in the median, claiming that would not solve the  problem. INS officials had tried other alternatives including prayer cards distributed throughout Mexico warning potential illegal entrants to stay off the highways. CRLA preferred that a highway safety video be shown in the Tijuana, Mexico bus station where many illegal aliens congregate before heading for the border.
 
See Seth Mydans, “One Last Deadly Crossing for Illegal Aliens,” The New York Times, January 7, 1991, pg. A1



 

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