* Staff Writer, Boston College Third World Law Journal (2003–2004). I would like to thank Michael O’Donnell, Christine Siscaretti, Allegra Jones, and Ashley Wisneski for their valuable comments and support during the writing of this Book Review.
1 See generally Victor Davis Hanson, Mexifornia: A State of Becoming (2003).
2 Id. at xii.
3 See id.
4 Id. at 85. To illustrate, Hanson relates the story of an unnamed Mexican immigrant who left his former California town “when the last white people left.” Id. Hanson interpreted the statement to mean that his Mexican friend felt that too many unassimilated Mexicans lived in his town to ensure an American future for his children. Id. Many of the Central Valley towns today resemble more closely what Mexican immigrants left behind in Mexico than what they had hoped to find in the United States. See Poverty Amid Prosperity: Immigration and the Changing Face of Rural California 43–47 (J. Edward Taylor et al. eds., 1997) (using the town of Parlier as an illustration of the demographic transition occurring in rural California).
5 See Peter Kivisto, Multiculturalism in a Global Society 73–74 (2002).
6 Office of Policy and Planning, U.S. Immigration and Naturalization Serv., Estimates of the Unauthorized Immigrant Population Residing in the United States: 1990–2000, at 1 (2003). The INS’s estimates of unauthorized immigrants refer to foreign-born persons who entered without inspection or who violated the terms of a temporary admission and who have not acquired lawful permanent resident status or gained temporary protection against removal by applying for an immigration benefit. Id. at 3. The INS is now part of the Department of Homeland Security. See generally T. Alexander Aleinikoff et al., Immigration and Citizenship: Process and Policy 239–49 (5th ed. 2003) (describing the recent incorporation of the INS into the Department of Homeland Security).
7 Office of Policy and Planning, supra note 6, at 1, 8, 15.
8 Id. at 1. Mexico accounts for an estimated 4.8 million of the total unauthorized immigrants in the United States, or almost 69% of the total unauthorized population. Id.
9 See Hanson, supra note 1, at 21–23, 26–31.
10 Id. at 21.
11 See id.; Kivisto, supra note 5, at 74.
12 Hanson, supra note1, at 21.
13 Id.
14 See id.; Tyche Hendricks, California Leads Nation in Naturalization, S.F. Chron., Oct. 15, 2002, at A17 (finding that the tendency of immigrants to naturalize depends in part on how far away they are from their home country. “Although Mexicans make up the largest portion of foreign-born U.S. citizens, they . . . have the lowest rate of naturalization.”).
15 Hanson, supra note 1, at 23.
16 Id.
17 See id. at 22–23.
18 See id.; Kivisto, supra note 5, at 74.
19 Hanson, supra note 1, at 23; see, e.g., Juan Esparza & Daniel Rodriguez, Businesses Starting to Learn the Language of Money; Latino Political Clout Is Still Growing, Vide en el Valle, Oct. 15, 2003 (discussing the increased focus on marketing to the Latino community, including publication of a Spanish-language telephone directory that distributes 110,000 directories in Fresno and Madera counties alone), at http://www.vidaenelvalle. com/projects/valley_latinos/population/story/7594607p-8503082c.html (last visited Jan. 19, 2004).
20 See Hanson, supra note 1, at 63–64.
21 Id. at 23.
22 Id. at 27–30; see, e.g., U.S. Congressman Sees Immigrant Worker Bill by End of Year, Associated Press, Oct. 22, 2003 (“Mexico has pushed for years for legalization to help protect workers from abuse and exploitation . . . .”), available at http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2003/10/22/international1725EDT6110.DTL (last visited Jan. 19, 2004); Will Weissert, Mexico Wants Migrants on Bush Agenda, Associated Press, Nov. 24, 2002, available at 2002 WL 103439353 (last visited Jan. 25, 2004).
23 Hanson, supra note 1, at 33.
24 See id.
25 Id. at 33–34. Compare Eduardo Porter, No Going Back: Tighter Border Yields Odd Result: More Illegals Stay, Wall St. J., Oct. 10, 2003, at A1 (describing two immigrant farm workers who “often miss their home” and wish to retire to Mexico), with Hendricks, supra note 14, at A17 (describing Hong Kong immigrants who appreciate what the United States has to offer and rarely indicate a desire to return home).
26 See Hanson, supra note 1, at 21–23, 26–31.
27 See id. As of March 2002, foreign-born people from Central America (including Mexico) had a 37.3% graduation rate from high school compared with the 67.2% average graduation rate of all foreign-born individuals. Dianne Schmidley, The Foreign-Born Population in the United States: March 2002, Current Population Reps. 1, 5 (2003). In addition, only 6% of Central American foreign-born individuals had obtained a bachelor’s degree compared with 26.5% of all foreign-born and 26.8% of the native population. Id. Finally, 22.6% of the foreign-born people from Central America lived below the poverty level compared to 16.1% of all foreign-born and 11.1% of native workers. Id. at 6.
28 See Hanson, supra note 1, at 103–04, 108.
29 See id. at 20–23, 26–31.
30 See generally id.
31 Id. at 142–47.
32 Id. at 145–46.
33 See Hanson, supra note 1, at 146.
34 See id. at 147.
35 This Book Review is confined to how California can work with illegal immigrants currently residing in California and does not discuss the border control issues that also exist.
36 See generally Esparza & Rodriguez, supra note 19 (advocating that local government should be the first to adjust to a change in demographics because, “[i]f the leadership embraces this group and says it makes a positive impact on the community, then it establishes a positive kind of environment”). Id. This Book Review suggests starting at the state level rather than local level because of the need for a uniform solution to problems that exist in many communities all over the state.
37 Hanson, supra note 1, at 79. For example, it was customary to place Spanish-speaking students in classrooms where all the instruction was delivered in English, effectively forcing them to learn English in order to succeed. William A.V. Clark, The California Cauldron 126 (1998).
38 Hanson, supra note 1, at 79.
39 See id. at 88.
40 See id.
41 See id. at 91.
42 See id. at 88–89. For example, the children were taught not to wear “glittery or showy clothes.” Id. Hanson describes the time he and his brother wore “Frisco” jeans (oversized and baggy) to school and the principal called their parents to pick them up immediately from detention. Id.
43 Hanson, supra note 1, at 82.
44 Id. at 94, 99–100.
45 Id.
46 See id. at 104, 108.
47 Kivisto, supra note 5, at 74–75.
48 Hanson, supra note 1, at 108–09. In 1976, California passed the Chacon-Moscone Bilingual-Bicultural Education Act of 1976, becoming the first state to require school districts to provide equal educational opportunities to all students despite their limited proficiency in English. Cal. Educ. Code  52160 (containing a sunset provision providing that the law expires in 1989); see Daria Witt, Evolution of Important Events in California Bilingual Education Policy (1998) (providing a comprehensive timeline of judicial and legislative responses to the issue of bilingual education from 1967 to 1998), at http://www.stanford.edu /~hakuta/timeline.html (last visited Jan. 19, 2004).
49 Hanson, supra note 1, at 109.
50 Id.
51 Id. On June 2, 1998, Californians approved Proposition 227, which effectively eliminated bilingual education in California schools. The new law went into effect August 1, 1998. Cal. Educ. Code  300 (West 2003). See generally Jewelle Taylor Gibbs & Teiahsha Bankhead, Preserving Privilege 121–43 (2001) (discussing the bilingual education debate in California and analyzing the background and implications of Proposition 227).
52 See Hanson, supra note 1, at 106–07.
53 See Kevin F. McCarthy & Georges Vernez, Immigration in a Changing Economy 26 (1998); Peter Duignan, Bilingual Education: A Critique 7 (Hoover Inst., Hoover Essays Series, 1998) (contrasting Latino students with other ethnic groups who achieve higher academic scores because “they are not wasting time on bilingual classes and culture and failing to master the language of the marketplace and higher education”), at http://www-hoover.stanford.edu/publications/he/22/22g.html (last visited Jan. 25, 2004).
54 See Hanson, supra note 1, at 142–47.
55 Id. at 145–46.
56 Id. at 145.
57 See Ethnicities: Children of Immigrants in America 301 (Ruben G. Rumbaut & Alejandro Portes eds., 2001); Kivisto, supra note 5, at 47.
58 Kivisto, supra note 5, at 30.
59 See Ethnicities, supra note 57, at 301.
60 Id.
61 Hanson, supra note 1, at 88.
62 See, e.g., Grace Chang, Disposable Domestics: Immigrant Women Workers in the Global Economy 97–98 (2000). Interestingly, Equal Employment Opportunity Commission regulations state that prohibiting workers from speaking their main language can create “an atmosphere of inferiority, isolation, and intimidation based on national origin.” 29 C.F.R.  1606.7 (2004); Chang, supra.
63 Hanson, supra note 1, at 146.
64 See id. at 147.
65 See Porter, supra note 25, at A1. Even though the number of border-patrol agents has doubled since 1995, about 400,000 illegal immigrants still cross into the United States every year. Id.
66 See id.
67 See Kivisto, supra note 5, at 44–45 (quoting historian John Higham, “The United States presented itself to the world as a . . . home for all peoples.”).
68 See Edwards v. California, 314 U.S. 160, 172–73 (1941) (striking down as unconstitutional a California statute that attempted to regulate immigration under its police powers); see also Immigration and Nationality Act, 8 U.S.C.  1101 (2003).
69 Hanson, supra note 1, at 147.
70 Id.; see The California-Mexico Connection 41–45 (Abraham F. Lowenthal & Katrina Burgess eds., 1993) (discussing the implications of a two-tiered society in California).
71 See Hanson, supra note 1, at 147.
72 See id.
73 Id.
74 Id. at 147–49.
75 See McCarthy & Vernez, supra note 53, at 23, 25; Schmidley, supra note 27, at 5.
76 Hanson, supra note 1, at 148.
77 See Schmidley, supra note 27, at 5–6.
78 See Kivisto, supra note 5, at 82–83; Mark Simon, Two Candidates Speak Out in San Jose, S.F. Chron., Sept. 22, 2003, at A10 (“We will be a great California if we are . . . working together as one California.”).
79 Hanson, supra note 1, at 147–49.
80 See Kivisto, supra note 5, at 35, 192.
81 See id.
82 See id. at 46–47 (describing the early 20th century “Americanization” campaigns, which were “intended to eradicate all vestiges of the new arrivals’ cultural heritages, while simultaneously instilling in them what was considered to be appropriate American attitudes, beliefs, and behaviors”). Henry Ford’s “Sociology Department,” which provided citizenship training to immigrant workers who promised to speak only English and to become “100 percent” American, is a good example of these campaigns. Id.
83 Id. at 35; see The California-Mexico Connection, supra note 70, at 269, 273–274 (“California cannot turn back the clock on the economic and demographic changes that are transforming it into a multicultural society . . . California’s emergence as a center for international finance, trade, and investment requires a tolerance and understanding of different languages and cultures, as well as a commitment to enabling all ethnic groups to participate fully in society.”).
84 See, e.g., Jennifer Galassi, Dare to Dream? A Review of the Development, Relief, and Education for Alien Minors (DREAM) Act, 24 Chicano-Latino L. Rev. 79, 83–85 (2003) (discussing California’s law, Cal. Educ. Code  68130.5(a) (West 2003), that provides postsecondary education benefits to undocumented immigrants); Simon, supra note 78, at A10 (discussing the government’s responsibility to guarantee that everyone has access to healthcare).
85 See generally Cecilia Munoz, Transcript of Commentary on Citizenship and Its Constraints, 52 DePaul L. Rev. 893 (2003) (advocating changes to immigration policy to ensure the protection of illegal workers, such as a new legalization program for millions of workers currently in the United States, and as a way to ensure that all workers are equally protected under the law).
86 Hanson, supra note 1, at 9; see also Fred Dickey, Undermining American Workers, L.A. Times, July 20, 2003, Magazine, at 13; Tyche Hendricks, Echoes of Prop. 187 in Immigrant License Flap, S.F. Chron., Oct. 26, 2003, at A1.
87 See, e.g., Act of Sept. 5, 2003, ch. 326,  9, 2003 Cal. Legis. Serv. 326 (West) (eliminating the need for a social security number to receive a California driver’s license or identification card) (repealed Dec. 4, 2003).
88 For example, the right to operate motor vehicles legally. See Peter Nicholas & Jennifer Mena, Bill Allowing Illegal Immigrants to Get Driver’s Licenses Is Signed, L.A. Times, Sept. 6, 2003, at B1; Maria Elena Salinas, Demythifying Immigrant Drivers Licenses, Seattle Post-Intelligencer, Sept. 23, 2003, at B6.
89 See Nicholas & Mena supra note 88, at B1; Salinas, supra note 88, at B6.
90 See Thomas J. Donahue, Statement on Immigration Reform at the Joint Press Conference with Business, Labor, Ethnic, and Immigrant Organizations (Apr. 11, 2002), available at http://www.uschamber.com/press/speeches/tjd020411immigration.htm) (last visited Jan. 19, 2004).
91 See Nena Baker & Peter Corbett, Undocumented Workers Fill Labor Gap, Ariz. Republic, Aug. 26, 2001 (“Employers from caregivers to contractors, farmers to fast-food franchisees, and landscapers to light manufacturers say they would need to cut hours, services and operations without immigrant workers, legal and illegal.”), at http://www.azcentral .com/news/specials/migrants/0826bizimpact.html (last visited Jan. 19, 2004); Nicholas & Mena, supra note 88, at B1.
92 Baker & Corbett, supra note 91.
93 See Donahue, supra note 90.
94 See Chang, supra note 62, at 115 (“Who benefits by having [undocumented workers in California]? You benefit, I benefit, we all benefit.”); Baker & Corbett, supra note 91.
95 Poverty Amid Prosperity, supra note 4, at 83–84; Dickey, supra note 86, at 13; Porter, supra note 25, at A1.
96 See Poverty Amid Prosperity, supra note 4, at 83–84; Dickey, supra note 86, at 13; Porter, supra note 25, at A1. The number of illegal immigrants returning home dropped from 30% in 1990 to 11% in 1998. Porter, supra note 25, at A1. In addition, the percentage of undocumented immigrants who say they plan to stay in the United States “as long as possible” jumped from 59% in the mid-1990s to 67% at the end of the decade. Id.
97 Id.; see Clark, supra note 37, at 30–32.
98 Porter, supra note 25, at A1. Border patrol agents have doubled in number since 1995, and the monetary cost of an illegal crossing has jumped to about $1,500. Id.
99 See Ethnicities, supra note 57, at 304; McCarthy & Vernez, supra note 53, at 1.
100 McCarthy & Vernez, supra note 53, at xiii. California is currently facing the worst budget crisis in state history. Jim Sanders, Battle Lines on Budget Form as Session Begins, Sacramento Bee, Dec. 3, 2003, at http://www.sacbee.com/content/politics/v-print/story/ 5449707p-6434607c.html (last visited Jan. 19, 2004). The state has a two-year deficit of approximately $27 billion and, although Governor Schwarzenegger and the legislature are seeking to alleviate part of the deficit with a $15 billion bond, the remaining balance must be addressed. Tom Chorneau, Schwarzenegger to Announce Budget Plan, Associated Press, Jan. 9, 2004, at http://www.guardian.co.uk/uslatest/story/0,1282,-3605001,00.html (last visited Jan. 25, 2004). Governor Schwarzenegger’s budget plan, unveiled on January 9, proposes cutting billions of dollars from public health and welfare programs, including $2 billion from education. Id.
101 See Galassi, supra note 84, at 83–85.
102 Cal. Educ. Code  68130.5(a) (West 2003). Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to curtail illegal immigrants’ access to public benefits. See Sara Hebel, States Take Diverging Approaches on Tuition Rates for Illegal Immigrants, Chron. of Higher Educ., Nov. 30, 2001, at A22 (discussing several states’ concerns that IIRIRA prohibits colleges and universities from offering in-state tuition to illegal immigrants unless they offer the same lower rates to all out-of-state students). This Act is contained in the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104–208, 110 Stat. 3009 (1996).
103  68130.5(a); Galassi, supra note 84, at 84.
104  68130.5(a).
105 See  68130.5(a).
106 See Ethnicities, supra note 57, at 40–41; McCarthy & Vernez, supra note 53, at 14, 19; Poverty Amid Prosperity, supra note 4, at 4–5.
107 See Ethnicities, supra note 57, at 40–41; McCarthy & Vernez, supra note 53, at 14, 19; Poverty Amid Prosperity, supra note 4, at 4–5.
108  68130.5(a).
109 Kivisto, supra note 5, at 35. The time may be right for implementing this kind of legislation. Maria Blanco, a national senior counsel with the Mexican American Legal Defense and Educational Fund, stated that “for the first time, there’s a positive movement to incorporate [undocumented immigrants] into society.” Nora Zamichow & Carl Ingram, Senate OKs Licenses for Illegal Immigrants, L.A. Times, Sept. 4, 2003, at A1. Also, immigration ranked very low among what Californians considered the most important issues in a March 2001 poll by the Los Angeles Times. Id.; see also Joseph Nevins, Operation Gatekeeper 170 (2002). Similarly, the Los Angeles Times poll found that 43% of Latinos believed the quality of life in their communities had improved in the past five years. Zamichow & Ingram, supra, at A1.
110 See Act of Sept. 5, 2003, ch. 326,  9, 2003 Cal. Legis. Serv. 326 (West) (repealed Dec. 4, 2003).
111 S.B. 60, 2003–2004 Leg., Reg. Sess. (Cal. 2003), 2003 Cal. Legis. Serv. 326 (West) (repealed Dec. 4, 2003); Nicholas & Mena, supra note 88, at B1.
112 S.B. 1, 2003–2004 Leg., 3d Ex. Sess. (Cal. 2003), 2003 Cal. Legis. Serv. 3rd Ex. Sess. 1 (West); Hendricks, supra note 86, at A1.
113 See S.B. 60. In addition, although S.B. 60 was overturned, the Governor has pledged to work with California state senator Gil Cedillo and other lawmakers to “come up with a ‘sensible solution’ to the safety issues posed by undocumented immigrants driving on California roads and highways.” Lynda Gledhill, Immigrant Driver License Repeal Passed: Rewrite of Measure Planned—Governor Says He’ll Work for a “Sensible Solution, L.A. Times, Dec. 2, 2003, at A4.
114 Nicholas & Mena, supra note 88, at B1.
115 Zamichow & Ingram, supra note 109, at A1.
116 Nicholas & Mena, supra note 88, at B1.
117 See, e.g., Hendricks, supra note 86, at A1; Nicholas & Mena, supra note 88, at B1; Zamichow & Ingram, supra note 109, at A1.
118 Zamichow & Ingram, supra note 109, at A1. Two examples of previous anti-immigration sentiment in California are Propositions 187 and 227. See generally Gibbs & Bankhead, supra note 51 (providing a comprehensive discussion of both Proposition 187 and 227). On Nov. 9, 1994, 59% of California voters approved Prop. 187, which banned the delivery of health, education, and social services to undocumented immigrants. Id. at 74. It was called the “Save Our State” initiative and was designed to alleviate any “perceived suffering experienced by the state’s native-born and naturalized citizens as a consequence of illegal alien behaviors.” Id. at 74–75. Even though most of Prop. 187 was eventually ruled unconstitutional in 1998, League of United Latin American Citizens v. Wilson, 1998 WL 141325 (C.D. Cal. 1998), forces rallied behind another anti-immigrant initiative in 1998—Prop. 227, the English Language in Public Schools Initiative. Cal. Educ. Code  300 (West 2003); Gibbs & Bankhead, supra note 51, at 89–90, 127–28. Prop. 227 was approved by California voters in 1998 and virtually eliminates bilingual education in California’s public schools. Id. at 123; Jason Takenouchi & Bettina Boxall, With Gestures, but not Chaos, Prop. 227 Begins, L.A. Times, Aug. 4, 1998, at A1.
119 Nicholas & Mena, supra note 88, at B1.
120 Id.
121 See, e.g., Hendricks, supra note 86, at A1 (quoting Barbara Coe, chairwoman of the California Coalition for Immigration Reform and a co-author of Proposition 187, “John Q. Public is finally saying, Enough is enough. I’m done with the illegal alien invasion.”) (internal quotations omitted); Zamichow & Ingram, supra note 109, at A1 (stating that opponents claim the bill does not provide for adequate verification of one’s identity and that this omission would invite acts of terrorism).
122 Nicholas & Mena, supra note 88, at B1.
123 Zamichow & Ingram, supra note 109, at A1.
124 See, e.g., Nicholas & Mena, supra note 88, at B1.
125 Id.
126 Id.
127 See id.
128 Cal. Veh. Code  1653.5 (West 2003); see Eric Malnic, DMV Yet to Decide Details of Getting a License, L.A. Times, Sept. 6, 2003, at B8; Zamichow & Ingram, supra note 109, at A1.
129  1653.5; see Malnic, supra note 128, at B8; Zamichow & Ingram, supra note 109, at A1.
130 S.B. 60, 2003–2004 Leg., Reg. Sess. (Cal. 2003), 2003 Cal. Legis. Serv. 326 (West) (repealed Dec. 4, 2003); see Malnic, supra note 128, at B8; Zamichow & Ingram, supra note 109, at A1.
131 S.B. 60.
132 Id.
133 Id. These included presentation of a birth certificate or other record of birth, which would satisfy one of Hanson’s arguments about the law. Malnic, supra note 128, at B8; see Hanson, supra note 1, at 65–66 (expressing concern that illegal immigrants will not have to present the same level of identification to receive a driver’s license as Californian citizens have to, which would result in an “alternate universe” for illegal aliens where different rules apply).
134 S.B. 60.
135 S.B. 60; Malnic, supra note 128, at B8; see Hendricks, supra note 86, at A1.
136 See S.B. 60; Malnic, supra note 128, at B8.
137 See S.B. 60; Malnic, supra note 128, at B8.
138 S.B. 60.
139 S.B. 60; Nicholas & Mena, supra note 88, at B1.
140 S.B. 60; Nicholas & Mena, supra note 88, at B1; Zamichow & Ingram, supra note 109, at A1. As one illegal immigrant stated, “in this country a car is not a luxury.” Porter, supra note 25, at A1.
141 See Deborah Kong, Immigrants Line Up for Driver’s Licenses, Contra Costa Times, Sept. 21, 2003, at 4, available at 2003 WL 62464538 (last visited Jan. 19, 2004).
142 See id. A common method of getting to and from the fields, where many illegal immigrants find work, is to pay a driver who generally drives old and unsafe open trucks. Id.
143 Zamichow & Ingram, supra note 109, at A1.
144 See id. (describing California’s requirement to have liability insurance before one can obtain a driver’s license).
145 Porter, supra note 25, at A1; see Hanson, supra note 1, at 65.
146 Porter, supra note 25, at A1. In Mexifornia, Hanson describes his own personal experiences with cars belonging to illegal immigrants, including one being left in a ditch on his property after crashing into and destroying thousands of dollars of vines. Hanson, supra note 1, at 61.
147 See Salinas, supra note 88, at B6.
148 Nicholas & Mena, supra note 88, at B1 (quoting Governor Davis, “The law . . . will ensure that drivers already on the road will know the rules of the road and so are better drivers.”).
149 See Kong, supra note 141, at 4.
150 See Nicholas & Mena, supra note 88, at B1.
151 Kong, supra note 141, at 4. Antonio Gonzalez, president of the William C. Velasquez Institute, a Latino think tank in Los Angeles, said that overturning the law would be detrimental to California because “[s]cared people don’t cooperate with the police [or] get care when they’re sick [, and] scared kids don’t go to school . . . .” See Hendricks, supra note 86, at A1.
152 See Hanson, supra note 1, at 145–46.
153 See Salinas, supra note 88, at B6.
154 See S.B. 60, 2003–2004 Leg., Reg. Sess. (Cal. 2003), 2003 Cal. Legis. Serv. 326 (West) (repealed Dec. 4, 2003).