Gov. Brown repeals unenforced [through court-order] sections of Prop. 187

Gov. Jerry Brown signed legislation Monday that repeals unenforceable provisions of Proposition 187, the two-decade-old measure that sought to withhold public services from immigrants in the country illegally ...

Far more controversial was SB 396, which Brown signed to remove from the state law books key sections of the ballot measure approved by California voters in 1994 but struck down by the courts as unconstitutional.

Sen. Kevin de León (D-Los Angeles) introduced the repeal bill ...

“SB 396 closes a dark chapter in our state’s history, and brings dignity and respect to the national immigration debate. California is leading the country integrating immigrants into society and recognizing them as contributors to our economy,” de León said in a statement Monday ...

CAIRCO Research

Why the California Legislature Can’t Simply Repeal the Judicially Invalidated Proposition 187
California voters adopted Proposition 187, a statewide initiative statute that amended California’s Education, Government, Penal, and Welfare and Institutions Codes. The measure sought to make immigrants unlawfully present in California ineligible for various public health, public social, and public education services. The proposition also required state and local agencies to investigate whether arrested persons in the State were in the country unlawfully, and report any suspected immigration violations to the state Attorney General and federal immigration authorities ... the problem with SB 396 is that the California Constitution prohibits the state legislature from repealing any part of a voter-enacted initiative unless the measure explicitly empowers the legislature to do so, or unless the voters themselves approve of the repeal ...