PHOENIX (By Yvonne Wingett, Arizona Republic) November 30, 2004 - Proposition 200's latest legal saga begins today when its opponents seek a temporary restraining order in Tucson federal court to prevent the immigration measure from becoming law.

The Mexican American Legal Defense and Educational Fund will argue the initiative illegally turns state and local employees into federal immigration authorities and violates "a host of constitutional issues," Phoenix attorney Daniel Ortega said. He is the spokesman for the advocacy group, which successfully struck down most of the provisions of California's similar Proposition 187 a decade ago.

The U.S. District Court judge could immediately grant the 10-day restraining order and prevent it from becoming law while a judge determines its constitutionality, or refuse to issue the order and let Proposition 200 become law. Either way, the judge, who has not yet been selected, will set a hearing for within the next 10 days on the merits of the request to declare the initiative unconstitutional.

"The legal system has to think about realities," said Paul Bender of Arizona State University's School of Law. "If (the judge) lets it go into effect tomorrow, then a month later he decides it's unconstitutional, just think of the mess."

Without a restraining order, Proposition 200 will go into effect as soon as Gov. Janet Napolitano proclaims it law, which is expected to be this week, a representative said.

Bender said the Mexican American Legal Defense and Educational Fund likely will make three principal arguments: Proposition 200 is pre-empted by federal law; it subjects state officials to a violation of rights because they can be held for a crime under a vague statute; and it deprives people of due process because it can end benefits without providing a chance to prove eligibility.

"If that's their best argument, they're not going to get very far," said Randy Pullen, chairman of Yes on 200, one of two committees that successfully put the measure before the public.

A Denver-based legal foundation on Monday agreed to represent Yes on 200 for free, said Pullen, who expects it will "vigorously resist" the request for a temporary retraining order.

The legal move comes the same day a coalition of businesspeople launches its own vigorous campaign to overcome confusion related to Proposition 200 among the Valley's immigrant community.

Unidos Contra 200 (United Against 200) will spread its "be calm and get informed" message with a drum roll of voices from popular soccer leagues, churches, school groups and immigrant-based clubs.

The group, made up of document preparers, bankers, educators, religious advisers and health care providers, has created a toll-free number for people to call with questions and complaints. The hotline number will be announced today at an 11:30 a.m. news conference.

If a judge allows the state to enact the measure, Unidos Contra 200 will be instrumental in helping immigrants understand its ins and outs.

"There's fear, fear and fear everywhere," said coalition member Elias Bermudez, executive director of downtown Phoenix's Centro de Ayuda (Center of Help), which prepares citizenship documents for immigrants. "People are fearful of the police. Fearful of going to the doctor. And now, there's even people fearful of going to a food bank."

The fear has lessened since the days after Nov. 2 election, when voters, including many Hispanics, approved Proposition 200.

As written, it would require proof of citizenship when registering to vote and applying for public benefits. Attorney General Terry Goddard earlier this month concluded it applies only to welfare benefits.

But Pullen and key national supporters of Proposition 200 said he was wrong and went to court last week seeking a broader scope, to include benefits such as public housing, food assistance, college education and employment benefits.

"Everyone's talking about it," said Masavi Perea of Maryvale, a 29-year-old father of two. "All the people are waiting. We are waiting for something to happen. Some fear is gone because time has passed and nothing's happened. We want to go back to our normal lives, to two or three months ago."

Nearly one month after its passage, though, confusion among the immigrant community persists. Callers are flooding the offices of Latino leaders and businesspeople with questions on the initiative. Can they travel south of the border during the holidays? Will doctors and nurses deport them? Are immigration authorities patrolling city parks to detain Hispanic-based soccer leagues? Will this derail citizenship applications?

The Unidos Contra 200 alliance will spread messages and information through parishes, neighborhood meetings, sporting practices and schools, said Rep. Ben Miranda, head of the coalition.

"We are going to reach out to them," he said. "We cannot be spectators to a proposition like 200."