Thread: FAIR: NEWS RELEASE

Ninth Circuit Court of Appeals Rejects Bid by Illegal Aliens to Overturn Arizona’s Proposition 200

Federal Court Dismisses Challenge on Grounds Illegal Aliens Lack Legal Standing

Washington, DC - In a major victory for the voters of Arizona and the integrity of the referendum process, the Ninth Circuit Court of Appeals today dismissed a lawsuit brought by illegal aliens in Arizona challenging the constitutionality of Proposition 200. The San Francisco-based court ruled that the plaintiffs lacked the “legal standing� necessary to challenge the initiative approved by Arizona voters in November 2004.

Proposition 200 requires the state to verify the immigration status of people applying for benefits and services they are prohibited from receiving under federal law. In addition, the initiative requires all people registering to vote prove that they are U.S. citizens, and present identification when casting their votes.

“We are delighted the Ninth Circuit has rejected this naked attempt to place the interests of illegal immigrants ahead of the democratic will of U.S. citizens in Arizona,� said Dan Stein, president of the Federation for American Immigration Reform. “The question of legal standing has long been a barrier to American citizens seeking redress in the courts when their interests have been harmed by mass illegal immigration. It is reassuring that the Ninth Circuit recognized illegal immigrants, as a class, should not have any more rights than citizens do, as a class. We believe even if the court had granted standing to the illegal aliens challenging Proposition 200, it would have been upheld on constitutional grounds,� Stein added.

FAIR also congratulated Perry Pendley of Mountain States Legal Foundation, who represented the interests of the voters before the Appeals Court. FAIR, along with the Arizona-based Yes on 200 Committee, worked closely with Mountain States Legal Foundation in preparing legal briefs in response to the challenge brought on behalf of the illegal immigrants. Pendley warned, however that the fight is not over. “MALDEF, ACLU and the government of Mexico intend to take this to the Supreme Court, and even to the U.N.�

“In the past, MALDEF and other organizations have gotten a largely free ride in the courts for their illegal alien clients. With cooperative legal efforts like this between FAIR, Mountain States Legal Foundation, and the grassroots citizens groups, citizens are seeing the tide turn in the legal war against lawless mass immigration,� said Mike Hethmon, FAIR staff counsel.

Supporters of Prop. 200 are also defending the interests of Arizona voters in state court. FAIR and Yes on 200 filed suit against the governor and attorney general who, in blatant disregard to the definition of a “public benefit� established under federal law, have limited illegal aliens’ access to only two state-run programs.

“We worked closely with local groups in Arizona because we believe what they have done there can be a model for citizen action all across the country,� said Stein. “The Ninth Circuit’s decision will undoubtedly be a tremendous boost to that effort as Americans use the political process to force government to control illegal immigration and to protect their interests and resources.�

“We worked closely with local groups in Arizona because we believe what they have done there can be a model for citizen action all across the country,� said Stein. “The Ninth Circuit’s decision will undoubtedly be a tremendous boost to that effort as Americans use the political process to force government to control illegal immigration and to protect their interests and resources.�

You can always count on Stein and FAIR to come out smelling like a ROSE!! That's one great organization. I'm glad they are on our side!!