The only problem with this initiative is this: after it is approved by the voters, all it takes is one liberal federal judge to declare the law unconstitutional and after that the entire effort will be for nothing. Until we find some way to control the activist judges, we'll never be able to do much about illegal immigration. Perhaps there's a way to appeal the liberal judge's decision all the way to the SCOTUS if necessary. I don't know why that wasn't done with Prop 187. Perhaps the California AG under Gray-out Davis just decided not to appeal.
The AG was instructed by Grey Davis not to appeal. And we are unlikely to see Arnold lift a finger in this regard, either.