A judge rules the immigration initiative can be signed into law, but not implemented until its constitutionality is affirmed.

The Associated Press

PHOENIX - A federal judge has ruled that Arizona Gov. Janet Napolitano can sign a voter-approved immigration initiative into law, but he continued a restraining order that prohibits the law from being implemented until after a hearing on its constitutionality.

The measure, which was approved by voters last month, requires proof of legal immigration status when obtaining some government services and proof of citizenship when registering to vote. Government workers who don't report illegal immigrants who try to get benefits could face jail time and a fine.

Opponents sued, arguing Proposition 200 is unconstitutional because it usurps the federal government's power over immigration and naturalization. The lawsuit argues that the law will jeopardize families who depend on public benefits for basic necessities.

While the suit is pending, the attorney general's office asked U.S. District Judge David C. Bury to allow Napolitano to sign the proclamation declaring Proposition 200 a state law. The state argued that Napolitano had a constitutional duty to sign the proclamation. Bury consented, in an order signed Tuesday night.

He also ruled that the state can submit Proposition 200's voting provisions to the Justice Department for its review. Because of past violations of minorities' voting rights, Arizona is required to get federal approval of any election-law changes.

During the campaign most of Arizona's top officials opposed Proposition 200. Yesterday, supporters asked Bury to let them help defend the measure. They said they do not trust the state to mount a vigorous defense.

State officials "responsible for defending the clear will of Arizona voters are less than enthusiastic about doing so," said William Perry Pendley, president and chief legal officer of the Mountain States Legal Foundation, which represents the Yes on Proposition 200 Committee.

Attorney General Terry Goddard opposed passage of Proposition 200 but, once it was approved by voters, pledged to defend it in court. A Goddard aide did not immediately return a call for comment yesterday.

Bury's restraining order is in effect until a Dec. 22 hearing in Tucson.