Posted on 12/22/2004 3:37:29 PM PST by Dane
(Phoenix, Ariz.) - U.S. District Judge David C. Bury Wednesday denied the preliminary injunction request to bar the implementation of Proposition 200, which was adopted by Arizona voters on November 2.
The State can now move forward to implement the new statute, Attorney General Terry Goddard said.
The Attorney Generals opinion issued on November 12 clarified that the state and local benefits subject to the verification requirements of Proposition 200 are limited to Arizona Revised Statues Title 46 (relative to welfare payments). Goddards opinion provides guidance to State employees. The Attorney Generals Office will continue to work with client agencies to ensure state employees are implementing the statute correctly and without regard to race, religion, gender, ethnicity or national origin.
This decision does not affect the voting portion of Proposition 200, addressing the identification requirements for voting and registering to vote. That portion of the statute cannot become effective unless it has been precleared by the U.S. Department of Justice. The Attorney Generals Office has submitted the proposed statute to the Department of Justice for their ruling.
(Excerpt) Read more at kpho.com ...
The mood at the cyber hillary basement headquarters where some, I believe, some on FR post from, must be very somber now. They thought they could fool some of the people some the time with their incessant hyperbole.
JMO, now watch them defend the 9th circuit, since they like the DUmmies can't blame anyone else than GW Bush.
ping
The above mentioned "some, they" in my reply #1 are you.
Bump
Amazing. Instead of applauding the action of this judge's action you rail against those on FR who oppose rewarding illegals with money, education, social services, etc. Just like you. It must killing you to read this nees since all you can do is post your trite rant.
The hyperbolic Joe struck out.
Here is the FAQ put out by Arizona re: Prop 200.
FREQUENTLY ASKED QUESTIONS RE:
IMPLEMENTATION OF PROPOSITION 200
What is the effect of the judges decision to lift the TRO?
It allows the State to immediately implement Proposition 200, except the provisions related to voting.
What about the voting provisions of Proposition 200?
Federal law requires the U.S. Department of Justice to pre-clear any changes to Arizonas voting law. A request for pre-clearance is pending and an answer is expected within 60 days.
What has Governor Napolitano done to implement Proposition 200?
The Governor officially proclaimed the proposition into law, subject to the courts order, on December 13, 2004. Now that the TRO has been lifted, she has issued an Executive Order, requiring state agencies to fully implement Prop. 200 and to conduct a variety of compliance audits. The Governor has also ordered agencies to review and fully comply with other federal laws relating to the provision of state and local public benefits.
Is the State prepared to implement Proposition 200?
Yes. Employees responsible for implementing the provisions of 200 have been trained and are ready to follow the new law.
The Arizona Department of Economic Security administers the affected programs. ADES staff worked with legal counsel, following the Arizona Attorney Generals opinion of November 12th, to determine what policies, procedures, training and forms were needed to comply with the proposition.
Training on the revised policies and new reporting procedures for staff in the affected programs was completed on December 17. Training was provided to about 2,340 people, including ADES staff and community contractors assisting individuals with applications for the programs subject to Proposition 200.
What specific programs at DES are subject to Proposition 200?
There are five programs that are affected:
General Assistance
Sight Conservation
Neighbors Helping Neighbors
Utility Repair, Replacement and Deposit
Supplemental Payment Program.
Are undocumented persons currently eligible to receive benefits from any of programs subject to Proposition 200?
No. Undocumented persons do not qualify for the five programs subject to Proposition 200.
What process will ADES staff use to determine if an applicant is undocumented?
Staff will ask applicants to verify their identity by providing one approved form of identification. Approved identification includes:
Birth certificates
Passports
Certain drivers licenses (from states in which the issuing authority has verified legal status)
Applicants will be required to verify their citizenship by providing documentation or by attesting, in writing and under penalty of perjury, that they are a U.S. citizen.
How will undocumented persons applying for those programs be reported to immigration officials?
The information goes to the ADES Office of Special Investigations (OSI), which, in turn reports information regarding persons in the U.S. illegally to the federal office of Immigration and Customs Enforcement (ICE).
Will undocumented persons be denied emergency health care or other emergency services?
No. Emergency health and other emergency services are exempt under federal law from the prohibition against providing state and local benefits to non-qualified aliens.
Will undocumented persons who have American citizen children in schools be subject to the reporting requirements of Proposition 200?
No. The terms of the proposition do not apply to K-12 education.
Will the state defend employees who try, in good faith, to comply with Proposition 200 but are nevertheless charged with violating it?
Yes. As with any state law, state employees who rely, in good faith, on the opinions of the Arizona Attorney General are immune from liability under existing Arizona law. The state will ensure that its employees who act in good faith are given the protection of existing law.
Uh Ray, it was Joe and his bunch on FR, who were railing against the Judge on FR, even before he rendered his verdict, so spare me your hillary like talking points.
______________________________________________________________________
The State can now move forward to implement the new (PROPOSITION 200) statute, Attorney General Terry Goddard said.
Ohhh!!! Thou slayest me with thy rapier-like witticism. LOL
(Sound of crickets.)
Oh, well. Thanks for this bit of good news, Dane.
I for one think this is good news.
You must face the fact that Prop. 200 was a grassroots effort and most politicians were against this. GWB has done little to stop the flood of illegals from entering this country.
As do I.
You must face the fact that Prop. 200 was a grassroots effort and most politicians were against this. GWB has done little to stop the flood of illegals from entering this country.
You are 100% correct.
JMO, Joe seeing good news about his so-called pet issue, is akin to a vampire seeing daylight.
I guarantee you that if they throw out the voting portion, it will be split and the split will not be near as nice as it might have been.
I am amazed the judge did not strike it down.
And tell me where Bush pushed his nose into the 11 states with gay marriage as an issue.
Granted, he said, he was for a Federal Constitional amendment, but he didn't interfere in the efforts of either side of those in these states referendums, like he didn't interfere in Arizona's Prop. 200.
Wow, just maybe a light bulb will go off in your head, instead of a knee jerk.
One can hope.
I wish you guys and gals luck down there in Arizona. I try to spread the word to any one that will listen here.
The above mentioned "some, they" in my reply #1 are you.
Moi? LOL Your #1 is incoherent. Thanks for thinking of me.
Joe and his bunch on FR, who were railing against the Judge on FR, even before he rendered his verdict, so spare me your hillary like talking points.
Did I rail? Where?
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