Posted on December 31, 2004

Frequently Asked Questions Re: Implementation Of Proposition 200

Website of Arizona Governor Janet Napolitano, Dec. 22

What is the effect of the judge’s decision to lift the [temporary restraining order]?

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 Arizona’s 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 court’s 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 General’s 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 driver’s 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.