Case Summary

In 1994, California voters passed a draconian new anti-immigration law called Prop 187 denying undocumented people public education and services and aiming to promote mass deportation. LULAC immediately challenged the measure in court, suspending the law in a matter of days, and then winning a major 1997 judgment declaring the law unconstitutional.

“By defeating Prop 187, LULAC prevented California from walking down a totalitarian and inhumane path,” reflected Jacob Sandoval, State Director for LULAC California.  “That victory provides a powerful example of how we can triumph in the fight for equal rights and equal dignity even against a groundswell of anti-immigrant hate.”

States do not have the authority to regulate immigration. Nevertheless, in 1994 anti-immigrant Californian politicians introduced Prop 187, the “Save Our State” (“SOS”) initiative, attacking undocumented immigrants within California. Prop 187 denied undocumented children the right to go to public schools; stripped undocumented people generally of health care and other services; and established a mass reporting system designed to produce wide-scale deportations. The measure passed through a popular referendum 59% to 41%.

Undeterred, LULAC immediately sued to block implementation of the new law. The judge quickly granted a restraining order and then summary judgment, holding that some parts of the law were clearly unconstitutional for their inhumane treatment of undocumented immigrants or for coming into conflict with federal law. In 1997, LULAC won a complete victory, invalidating almost every count of Prop 187. California abandoned its appeal of the decision shortly afterwards.

The battle against Prop 187 came during a dark time of growing anti-immigrant sentiment across America. LULAC’s victory in the case helped to ensure that America’s largest state would treat all its residents with dignity.

Legal Documents

11/14/1997 Opinion

Further Reading

Then and Now: LULAC on a New Wave of Hate