California Proposition 187 (also known as the Save Our State (SOS) initiative) was a 1994 ballot initiative to establish a state-run citizenship screening system and prohibit illegal immigrants from using non-emergency health care, public education, and other services in the State of California. Voters passed the proposed law at a referendum on November 8, 1994. The law was challenged in a legal suit and found unconstitutional by a federal district court. In 1999, Governor Gray Davis halted state appeals of this ruling.
Passage of Proposition 187 reflected state residents' concerns about illegal immigration into the United States. Opponents believed the law was discriminatory against illegal immigrants of Hispanic or Asian origin; supporters maintained that their concerns were economic: that the state could not afford to provide social services for so many people who had entered the country illegally or overstayed their visas. Republicans' embrace of Proposition 187 has been cited as a key factor for the decline of the Republican Party in California, particularly as the demographics have changed to include more immigrants.
Proposition 187 included the following key elements:
1. All law enforcement agents who suspect that a person who has been arrested is in violation of immigration laws must investigate the detainee's immigration status, and if they find evidence of illegality they must report it to the attorney general of California, and to the federal Immigration and Naturalization Service (INS). They must also notify the detainee of his or her apparent status as an alien.
2. Local governments are prohibited from preventing or limiting the fulfillment of this requirement.
3. If government agents suspect anyone applying for benefits of being illegal immigrants, the agents must report their suspicions in writing to the appropriate enforcement authorities.
4. A person shall not receive any public social services until he or she has been verified as a United States citizen or as a lawfully admitted alien.
5. A person shall not receive any health care services from a publicly funded health care facility until he or she meets the requirements above.
6. A public elementary or secondary school shall not admit or permit the attendance of any child until he or she meets the requirements above.
7. By 1996, each school district shall verify the legal status of each child enrolled within the district and the legal status of each parent or guardian of each child.
8. A child who is in violation of the requirements above shall not continue to attend the school 90 days from the date of notice to the attorney general and INS.
9. The attorney general must keep records on all such cases and make them available to any other government entity that wishes to inspect them.
10. The manufacture, distribution, sale, or use of false citizenship or residency documents is a state felony punishable by imprisonment or fine.