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<text id=94TT1339>
<title>
Oct. 03, 1994: Politics:Keep Out You Tired You Poor
</title>
<history>
TIME--The Weekly Newsmagazine--1994
Oct. 03, 1994 Blinksmanship
</history>
<article>
<source>Time Magazine</source>
<hdr>
POLITICS, Page 46
Keep Out, You Tired, You Poor...</hdr>
<body>
<p> Around the country, and especially in California, outrage over
immigration is becoming electoral dynamite
</p>
<p>By Nancy Gibbs--Reported by Jordan Bonfante/Los Angeles and Michael Duffy/Washington
</p>
<p> Senator Dianne Feinstein makes an implausible undercover agent,
which made her recent experiment in black-market-document procurement
all the more persuasive. The California Democrat decided to
find out for herself just how easy it would be to get a fake
green card and driver's license. So she traded her Hermes scarf
for some urban camouflage--in this case, a gabardine pantsuit--and went shopping in MacArthur Park, a crime-infested mini-mall
for phony immigration documents near downtown Los Angeles. Never
mind that the patrician politician went trailing a swarm of
agents in dark suits; the fake IDs were hers for the asking.
"They would have cost anywhere from $10 to $60," she says, "and
I could have had them within the hour."
</p>
<p> Feinstein was prescient enough to make illegal immigration a
pet issue, which gives her some political cover in her unexpectedly
tight race against conservative Santa Barbara Congressman Michael
Huffington. But the same cannot be said of Democrat Kathleen
Brown, who in a struggle to unseat Governor Pete Wilson finds
herself slipping over what has become the most hazardous issue
of the 1994 elections. If California runs true to form, leading
America's social revolutions through the ballot box, it will
pass Proposition 187, an implacable, baldly unconstitutional
plan to cut off services to illegal immigrants, from schools
to health care to welfare. Wilson strongly endorses the measure;
Brown emphatically opposes it, and at the moment that puts her
at odds with as many as 3 out of 5 California voters.
</p>
<p> Proposition 187 is truly a referendum for the 1990s: if successful,
the initiative will constitute a dramatic statement by voters
that if the government does not move to solve the immigration
problem, the people will. In a country built by immigrants,
it is a measure of the deep dissatisfaction with the generosity
of the welfare state that the public has seized on aliens as
the enemy within. A TIME/CNN poll determined last week that
77% of those surveyed felt the government was not doing enough
to keep out illegal immigrants. For years now, the battle has
raged between the federal authorities who are supposed to police
the borders and the states who pay the price if they fail. Hoping
for some ammunition, the Clinton Administration helped fund
a study by the Urban Institute that for the first time assesses
the costs of immigration. The study found that illegals drain
about $2 billion a year for incarceration, schooling and Medicaid
from the budgets of such major destination states as Texas,
Florida and California. But the survey also discerned that for
the country as a whole, legal and illegal immigrants generate
a $25 billion to $30 billion surplus from the income and property
taxes they pay.
</p>
<p> That finding has not prevented angry Democratic and Republican
Governors from demanding that Washington pay up. Lawton Chiles
of Florida has already filed suit in a Miami federal court against
the U.S. Government for "its continuing failure to enforce or
rationally administer its own immigration laws since 1980."
The suit asks for $1.5 billion in compensation. "So far, all
we've got is a lot of hand wringing," says Chiles. Governors
in Texas, Arizona and California are taking Washington to court
as well.
</p>
<p> Particularly in California, the fight reflects two very different
views of immigration. Brown and her team have concluded that
immigrants come streaming across the border seeking jobs with
which to help their families and climb into the middle class.
Wilson, on the other hand, argues that the immigrants are mainly
attracted by the bounty of welfare benefits. These views yield
opposite solutions: Wilson wants to stem the flow by curtailing
the services. Brown prefers clamping down on the illegal workplace.
</p>
<p> The Governor raised the temperature even higher last week, when
he demanded an immediate "down payment" of $1.8 billion from
Washington. Wilson argues that California, with 43% of the country's
illegal aliens, pays multiple costs for its leaky borders: the
number of illegal-immigrant felons has tripled to nearly 18,000
since 1988. The percentage of illegal-immigrant children in
public schools rose to nearly 10%, or 308,000 students; providing
health care for illegal immigrants costs state taxpayers $400
million.
</p>
<p> Passing Proposition 187--known as the "Save our State" initiative--would send a message to Washington that "we cannot educate
every child from here to Tierra del Fuego," Wilson says. The
proposition is breathtaking in its scope: it would render all
illegal aliens ineligible for such state social services as
welfare, food stamps and health care--except the emergency
care required by federal law--and all public schooling, from
kindergarten to state colleges and universities. State and local
agencies would be required to report suspected illegals to the
state attorney general and the Immigration and Naturalization
Service, and the sale of false documents would become a state
felony.
</p>
<p> When it comes to schools, the initiative could prove to be more
symbol than substance, given an enormous catch. In 1982 the
Supreme Court ruled that public education is guaranteed to all
children in the U.S. and that denying schooling to illegal immigrants
violates the Constitution. The backers of 187 are perfectly
aware of the legal obstacle and intend to use it as a vehicle
for testing the law. As Wilson emphasized, "the save-our-state
initiative is the two-by-four we need to make them take notice
in Washington and provoke a legal challenge that will go all
the way to the Supreme Court."
</p>
<p> Though popular opinion is running with Wilson, Brown calls him
a hypocrite for denouncing what he himself helped create while
serving in Washington. In deference to his supporters in the
agribusiness community, she says, "he was the leader in the
U.S. Senate, fighting for the biggest loophole that has allowed
in more than 1 million illegal immigrants, the `seasonal worker'
program." Proposition 187, she claims, will only make a bad
situation worse, by throwing tens of thousands of children out
of school and onto the streets where they will be trapped by
"gangs, guns, drugs and graffiti."
</p>
<p> Her allies in the Latino community, the powerful teachers' union
and the medical community charge that Prop 187 would turn educators,
doctors and social workers into immigration cops. A better approach,
Brown argues, is for Washington to beef up its border patrols
and tighten enforcement of existing laws. The Clinton Administration
has been happy to oblige; two weeks ago, Attorney General Janet
Reno chose Los Angeles for the unveiling of Operation Gatekeeper,
a strategy to curb illegal immigration along the California-Baja
California border, for years a prime smuggling corridor for
people, drugs, guns, whiskey and consumer goods. Reno was quick
to note that under the new crime bill and other Clinton proposals,
California will receive "unprecedented levels of federal aid...to defray the costs associated with immigration."
</p>
<p> Reno's suddenly aggressive stance just confirms that the whole
immigration struggle is playing out against a backdrop of presidential
and midterm politics. Wilson has fought back from a 23-point
deficit to take a tenuous seven-point lead in the Governor's
race. That unnerves the White House, not only because Wilson
has been such an outspoken critic of the President, but also
because his strength in the Golden State makes him a threat
in 1996. Without California's 54 electoral votes, Clinton cannot
win re-election.
</p>
<p> But he also cannot win if he carves his base in half. "The Administration,"
said an official, "has tried to help the anti-proposition forces
without pitting Clinton against California's white middle class.
But at some point you risk alienating a key part of your base.
That's the political dilemma the Democrats are in." Clinton
may have solved his "Florida problem" for the moment by muscling
Castro and invading Haiti, but neither strategy would work on
Mexico, which means the federal money will keep flowing until
the votes are in.
</p>
<p> QUESTION: Do you favor a proposal to stop providing government
health benefits and public education to illegal immigrants and
their children?
</p>
<table>
<tblhdr><cell><cell>Sept. 1993<cell>Sept. 21-22 1994
<row><cell type=a>Favor<cell type=i>47%<cell type=i>55%
<row><cell>Oppose<cell>48%<cell>38%
</table>
<p> From a telephone poll of 800 adult Americans taken for
TIME/CNN on Sept. 21-22 by Yankelovich Partners Inc. Sampling
error is plus or minus 3.5%. Not Sures omitted.
</p>
</body>
</article>
</text>