Case Summary
Issue:
Whether a ballot initiative approved by the voters of Arizona (56 percent to 44 percent) to address voting and the receipt of benefits by illegal aliens violates the congressional preemption doctrine?
Plaintiff:
Friendly House, which is a nonprofit provider of family services, as well as several U.S. citizens and illegal immigrants
Defendant:
Governor Janet Napolitano, Secretary of State Jan Brewer, and Arizona Department of Economic Security Director David A. Berns
Intervenor:
Yes on Proposition 200, Randy Pullen, and Federation of American Immigration Reform (“FAIR”)
Join the Fight
Since 1977, MSLF has fought to protect private property rights, individual liberties, and economic freedom. MSLF is a nonprofit public interest legal foundation. We represent clients pro bono and receive no government funding. Make your 100% tax deductible contribution today and join the fight.
Case History
On November 2, 2004, the “Arizona Taxpayer and Citizen Protection Act” or Proposition 200 was approved by the voters. It strengthens enforcement of the existing laws that relate to illegal immigration by requiring all who register to vote or apply for public benefits (welfare, disability, retirement payments, public housing assistance, and taxpayer-subsidized postsecondary education) to provide proof of United States citizenship.
Arizona spends more than $1 billion a year to provide services and benefits for illegal aliens; the added tax burden to each Arizona household is $700 a year. The Proposition 200 verification process has been used since 1996 to check eligibility for federal benefits. On November 29, 2004, the complaint was filed along with a motion for a temporary restraining order (TRO), which the court granted on November 30, 2004. On December 8, 2004, MSLF filed a motion to intervene on behalf of Defendant-Intervenors, which was granted on December 15, 2004.
On December 22, 2004, the District Court denied Plaintiffs’ motion for a preliminary injunction and lifted the TRO. Plaintiffs filed an emergency appeal with the U.S. Court of Appeals for the Ninth Circuit to which MSLF responded, which was denied on January 14, 2005. Oral arguments at the Ninth Circuit occurred on June 13, 2005.