Wilson Suit Seeks to Halt Federal Action on Prop. 187 Until State Courts Rule

Taking the offensive in the intense legal battle surrounding Proposition 187, Gov. Pete Wilson filed suit Friday seeking to keep the federal courts from acting on the measure until state courts interpret the legality of the sweeping immigration initiative approved by California voters Nov. 8.

The suit, filed in Superior Court in San Francisco, marked the first time that the governor has sued in the contentious matter. The state of California has been hit with various federal and state suits disputing the legality of Proposition 187, which would bar illegal immigrants from receiving most publicly funded benefits.

A federal court injunction has barred most of the measure’s provisions from taking effect. Among other things, plaintiffs in the federal case contend that Proposition 187 is an unconstitutional incursion into federal immigration law.

Wilson’s suit asks that the state court uphold the validity of most sections of Proposition 187. Excluded from the request are provisions barring undocumented students from attending public schools and colleges. The school provisions are the subject of separate challenges being litigated in state court.

Wilson sued various parties that are challenging Proposition 187 in court, including the cities of Los Angeles and San Jose, several health organizations and assorted Latino activist groups.

Peter Schey, an attorney handling the federal court challenge to Proposition 187, called Wilson’s action “outrageous posturing,� adding: “The state is afraid of an orderly judicial process to determine the constitutionality of Proposition 187.�