Immigration

 

The anti-immigrant initiative movement first burst onto the national scene in 1994 with California's Proposition 187, which directly attacked immigrants' access to social services, health care, and education. This movement has utilized the initiative process as a tool to advance its divisive agenda ever since.

In 2006 immigration was a hot-button issue as comprehensive immigration reform was debated in Washington and Congress failed to act. In the spring, more than a million people took to the streets calling for comprehensive immigration reform. What the activism represented was a rejection of the divisive tone that had marked much of the immigration debate and the political power behind support for bi-partisan reform that offered solutions.

Two years ago, seven immigration related measures passed in a handful of western states - Arizona, Colorado and New Mexico- but the divisive anti-immigration rhetoric that fueled many GOP congressional campaigns fell flat at the ballot box, as Republicans lost both the Senate and Congress. In fact, in Arizona where four anti-immigrant initiatives passed, Republicans lost two congressional seats with fiercely anti-immigration candidates. In Colorado, while two anti-immigrant measures passed, Republicans lost a competitive Congressional race and the Governor's office.

2008 was a dramatically different story. Stung by losses in 2006 congressional elections, anti-immigration measures that might have appealed to the GOP base didn't materialize. In Arizona, there was a push on anti-immigration ballot initiatives but of the four initiatives that were circulated, only one made the ballot. In Arkansas, a proposed initiative to bar illegal immigrants from obtaining state benefits failed to make the ballot. The measure would have required government agencies at the state, county and city levels to verify the lawful presence of any person 14 or older applying for most public benefits. Opponents argued successfully that the initiative would only duplicate state and federal laws and was unnecessary.

This year, only three states had anti-immigration ballot initiatives- Arizona, Missouri, and Oregon- and two of the three failed.

Arizona

Arizona's Proposition 202 (Stop Illegal Hiring) was rejected by voter's 59%-43%. The initiative sought to revoke the business licenses of employers who knowingly or intentionally hired undocumented citizens. The current Fair and Legal Employment Act allows two violations before a business loses its license. Fines collected as a result of this initiative would have been distributed to schools and hospitals. The core component of this business-led initiative would alter Arizona's employer sanctions law by lifting a requirement for businesses to participate in the E-Verify Social Security verification program. It would also prevent businesses that file I-9 employment forms - the current federal requirement - or use E-Verify, from being prosecuted for hiring illegal immigrants.

A similar initiative effort (Legal Arizona Workers) would have revoked the business license the first time an employer is caught knowingly hiring an illegal immigrant. It failed to make the ballot.

The two other initiatives that failed to make the ballot include Support Our Law Enforcement, which would have required law enforcement officials to inquire about the citizenship status of people they encounter while on the job; and an initiative that would prohibit giving birth certificates to the children of non-U.S. citizens in an effort to crack down on illegal immigration.

Missouri

In Missouri, a referral from the legislature proposed amending the state constitution to make English the official language. The initiative, which passed with 86% of the vote, will add a statement to the constitution that says English shall be the language of all governmental meetings at which any public business is discussed, decided, or public policy is formulated whether conducted in person or by communication equipment including conference calls, video conferences, Internet chat or message board.

A similar measure passed in Arizona in 2006. Proposition 103 replaced the existing provision of the Constitution of Arizona with a new provision establishing English as the official language of this state. Arizonans previously passed official English by ballot initiative in 1988. That measure was ultimately struck down by the state Supreme Court because it was too broad. In 2005, the state legislature passed an official English bill which was vetoed by the Governor. More than half the states in the U.S. have declared English as their official language, including six--Alabama, Alaska, California, Colorado, Florida and Utah--by ballot measure.

Oregon

In Oregon, another "English only" initiative (Measure 58) failed 54%-46%. The initiative would have prohibited teaching public school students in a language other than English for more than two years. The initiative sought to restrict public school students' access to ESL programs, regardless of English proficiency. It would have not allowed for parental choice in choosing programs for their children and would have required learning within specific timetables without providing tools for achieving goals.

The initiative was being pushed by Bill Sizemore, a long time ballot initiative activist who ran for governor in 1998 as a Republican and lost with only 30% of the vote. In 2000, Sizemore was the subject of a racketeering lawsuit against two of his organizations: Oregon Taxpayer's United and the OTU Education Foundation. The jury found Sizemore's organizations guilty and the organizations were fined approximately $2.5 million. Sizemore refused to pay the fines and attempted to avoid the liability by changing the name of his organizations to Oregon Taxpayers Association and carrying on with business as usual. Without a trial, Sizemore was found personally liable for his organization's civil racketeering liability, and a judge shut down his education foundation. Nearly a million dollars were added to the fine as a result of Sizemore's resistance to earlier court orders.

Funding for the initiative effort came from Loren Parks. After spending more than $1.6 million on Oregon's 2006 elections and $600,000 on Oregon 2007 ballot measures, Parks spent over $2 million on 2008 ballot initiatives. Parks, who lives in Nevada, is the top donor to political causes in Oregon history. 

"English only" initiatives have passed in California (1998), Arizona (2000), and Massachusetts (2002) but in Colorado a similar measure was defeated in 2002. Ron Unz, a California millionaire who made his fortune on Wall Street, was the driving force behind the initiatives. Unz finished third in the 1994 GOP primary for Governor of California and is currently the publisher of The American Conservative.

Opponents of the ballot measure, including Oregon teachers, made the case that Measure 58 would take away local control from school districts and individuals, preventing them from using the most appropriate method for each individual student.

Studies of similar measures that passed in California, Arizona and Massachusetts have raised doubts about how well English-only instruction works. In California, a state study found that teaching overwhelmingly in English, as mandated by the state's 1998 Proposition 227 had no impact on how English learners are faring. The ballot measure, approved by 61 percent of the voters, promised that immigrant children and others who don't speak English at home would assimilate much faster if all their classes were taught in English. Using test data, the five-year study found little difference between students who were taught in English-immersion classrooms and those enrolled in bilingual programs.