Doe
Doe v. Wilson
Opinion
Opinion
Peterson, J.
preliminary injunction barring the State of California’s enforcement of its interim emergency regulations enacted to comply with federal legislation, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. § 1601 et seq.) (the PRA).
The PRA was enacted pursuant to the plenary authority of the federal government over immigration matters. The PRA, inter alia, enacted new eligibility rules for provision of public assistance by states or local entities to undocumented or illegal aliens, and eliminated the eligibility of such aliens (with certain exceptions not here applicable) for “any State or local public benefit” ( 8 U.S.C. § 1621 (a)), defined as including “any . . . health . . . benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government” (id.., subd. (c)(1)(B)). After the effective date of the PRA, illegal aliens can only become eligible for such benefits “through the enactment of a State law after August 22, 1996 which affirmatively provides for such eligibility.” (Id., subd. (d).)