In the spirit of Proposition 187, the new immigration law includes some of the toughest measures against illegal immigration in decades. It also discourages family reunification by placing greater barriers to petitioning and access to temporary public assistance.

PROVISIONS AFFECTING UNDOCUMENTED:

• substantially increases enforcement measures along the U.S./Mexico border, including deployment of as many as 10,000 more INS agents by 2001;
  
• construction of a three-deep fence at the border near San Diego, and 9,000 additional detention beds next year;
  
• criminal penalties for fraudulent or misused government-issued documents increased from 5 to 15 years;
  
• undocumented are not eligible for grants, Federal contracts or loans, or public-supported programs like the Earned Income Tax Credit, Supplemental Security Income, Aid to Families with Dependent Children;social service block grant programs, Medicaid or food stamps, housing, unemployment or financial aid to college;
  
• individuals seeking asylum will have to prove a "credible fear of persecution" during an initial meeting with an INS officer. Immigrant has only one opportunity within seven days to prepare for a hearing before an immigration judge. Notices of deportation will not be issued in Spanish.
  
• forbids states from providing post secondary educational benefits (including in-state tuition) to undocumented individuals.

IMPACT ON RIGHTS OF LEGAL IMMIGRANTS:

• discourages legal immigration by imposing stringent economic requirements on petitioning relatives -- generally, petitioners would have to earn 125% above the poverty level to sponsor. (The poverty level, in 1995, was less than $15,455 for a family of four, making it nearly impossible for 35% of citizens to bring in their family members.)
  
• makes the affidavit of support legally binding until the alien has become a citizen or until the alien has earned 40 quarters Social Security credits of work;
  
• amends the welfare law by deferring deeming of sponsor's income for up to 12 months if the sponsor refuses support, and if assistance is necessary to prevent homelessness or hunger. A 12 month extension is available if sponsor cannot be located;
  
• immigrant victims of domestic violence are exempted from deeming, but must not be living with the batterer. employment discrimination complaints based on immigration status, must prove "intentional discrimination."

IMPACT ON COMMUNITIES OF COLOR:

• increased enforcement of immigration laws by local law enforcement authorities and cooperation with the INS;
  
• establishes a pilot worker verification program in five states with high populations of immigrants requiring employers to voluntarily check the legal status of prospective workers. The only acceptable documents are: a US passport, alien registration card or other authorization issued by the Justice Department;
  
• amends the Welfare Reform Act to relieve nonprofit charitable organizations from verifying immigration status of applicants for federal or state public benefit programs and defers date when legal immigrants will be cut off from food stamps until at least April 1, 1997.