Prop. 200 gets OK from U.S. court - East Valley Tribune: News

Prop. 200 gets OK from U.S. court

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Posted: Wednesday, August 10, 2005 11:18 am | Updated: 9:33 am, Fri Oct 7, 2011.

A federal appeals court won’t block Arizona from enforcing provisions of Proposition 200.

In a unanimous ruling Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals said attorneys for those seeking to block the law presented no evidence that anyone in Arizona is in danger of being prosecuted for violating its terms.

The judges said that means they have no right to challenge the law’s validity.

The initiative, which voters approved in November, requires proof of legal residency for certain state services and imposes voter identification requirements.

Steve Reyes, an attorney for the Mexican American Legal Defense and Education Fund that brought the case, said the wording of the order suggests that efforts to void the law will require that he prove to the court there are people being denied services to which they are entitled.

The fund’s clients include both individuals here legally and those who are not.

The organization also represents state employees who might be prosecuted if they provide certain services to illegal immigrants.

A federal judge in Tucson granted a brief restraining order but eventually lifted it, saying the legal defense fund failed to prove there would be any harm to anyone if the state were allowed to enforce the law while attorneys argued the underlying questions of its legality.

The voting provisions of the initiative have not yet been implemented amid a dispute between Attorney General Terry Goddard and Secretary of State Jan Brewer over what kind of identification must be presented at the polls.

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