Proposition 187 and Its Political Aftermath: Lessons for U.S. Immigration Politics After Trump

Abstract

This Article critically examines how Proposition 187 set in motion a chain of events that forever transformed California politics. That history poses an important — and seemingly incongruous — series of questions for the future of U.S. politics: will the aggressive enforcement measures of the Trump administration have political ramifications for the entire nation similar to those that Proposition 187 had on California? Might the responses to President Trump’s immigration policies lead to a political realignment on a national scale similar to that which occurred in California? Ironically enough, the actions of President Trump, similar to those of California Governor Pete Wilson, who championed Proposition 187, might ultimately have wholly unintended consequences. The administration’s harsh immigration policies, in fact, may pave the way for a more immigrant-friendly national political climate. Such political change might lead to the passage of comprehensive immigration reform, which has been proposed for many years but is yet to be passed by Congress. That change might also spur the passage of other pro-immigrant legislation. Part I of the Article reviews Proposition 187, the racially-tinged campaign that led to its passage, and the litigation successfully barring most of the measure from going into effect. Part II analyzes how the initiative forever changed California politics. Nothing less than a political watershed, Proposition 187 set into motion a chain reaction that, if replicated on the national level, may reverse the contemporary trajectory of immigration law and enforcement. Part III draws parallels between the campaign for Proposition 187 and Donald Trump’s harsh immigration rhetoric and agenda. Finally, Part IV contends that, if current trends continue, the Trump administration’s immigration policies might well boomerang, triggering a national political transformation like that seen in California in the wake of Proposition 187.