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Rights and Liberties

Immigrants and Health-Care: What Part of LEGAL Doesn't Washington Understand?

By Marielena Hincapié, New America Media. Posted November 11, 2009.


Congress inexplicably restricts low-income legal immigrants from the federal Medicaid and Medicare programs, which provide a modicum of security for the most vulnerable.
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Let me be candid: health care reform has struck a personal chord. On October 4th, my aunt Margarita died of pneumonia and cancer. After receiving that dreaded call from my sister saying Margarita only had hours to live, I caught the first flight to Rhode Island. On the flight, I could not help but put this in the context of the broader health reform debate.

I shuddered at the thought that had Margarita been in the United States for fewer than five years, she would not have gotten the health care she needed in her final days. Although I am grateful for the care that my aunt received, my heart sinks at the realization that the nation’s 600,000 low-income legal immigrants will continue to wait for too long for affordable health care unless we act today.

Across the country, we are watching health care negotiations in Washington with the hope that Congress will do the right thing and reform a broken system that lets too many Americans fall through the cracks. Under the current proposals, Congress inexplicably restricts low-income legal immigrants from the federal Medicaid and Medicare programs, which provide meaningful access to quality, affordable health care for millions of Americans.

This is a restriction we cannot accept. By keeping legal immigrants out of federal programs, Congress will create a fundamentally unfair and unnecessarily exclusionary health care system. Like Margarita, legal immigrants must overcome many hurdles to immigrate to the United States, under our complex and outdated immigration system. We must create the opportunity for these immigrants to integrate into American society without barriers. Having equal access to affordable health care is one necessary component.

This is personal not just for me but also for everyone who has seen a loved one endure a serious illness. They, too, can attest to the fact that five years is too long for anyone to wait for treatment. Destructive illnesses like cancer will not wait for federal policy to catch up to reality, and leaves many immigrants and their loved ones with inadequate medical care and crippling medical bills. Like other Americans, immigrants facing life and death choices for themselves and their families, as well as medical bankruptcy, wonder what happened to the American dream.

The five-year waiting period for legal immigrants to access affordable health care is not only unfair; it is also widely perceived as poor public health policy: just ask the American Academy of Pediatrics, the American Hospital Association, or any of the countless experts in the medical field who have argued that such restrictions are neither cost-efficient nor effective. Despite all this evidence to the contrary, Congress has yet to eliminate this discriminatory and costly restriction.

Although polls show that the American public supports a repeal of this waiting period, Congress still hasn’t gotten the message. Many in Congress will not stand up for doing what’s right for immigrants without a boisterous public backing, for fear of backlash against them by a small but vocal anti-immigrant minority. It is our duty to remind the people elected to represent us that we expect them to enact a health care system that ensures fair and equal access for our diverse communities.

Earlier this year, President Obama and Congress heard from all of us and determined that five years was indeed too long for lawfully residing immigrant children and pregnant women to wait for access to affordable care. It is now time to do the same for their families.

Anti-immigrant voices should not keep Congress from forgetting what’s really at stake: achieving a meaningful health reform for all Americans. It makes no sense that Margarita’s health care would have depended on when she entered the United States. She and all other legal immigrants comprise a vital economic and social component of our society and they should be treated equally. Just as they did in January, when they voted to remove the waiting period for children and pregnant women, let’s remind Congress that immigrants are a part of the fabric of our society, and by imposing nonsensical limits on their access to health care we go against the very character of our country.


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See more stories tagged with: immigration, medicare, medicaid, health-care reform, welfare reform

Marielena Hincapié is Executive Director of the National Immigration Law Center.

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I agree, but...
Posted by: djnoll on Nov 12, 2009 9:35 AM   
Current rating: 5    [1 = poor; 5 = excellent]
I am unaware of any restriction on medical care in either Medicaid or Medicare, except as applies to all natural citizens equally to LEGAL immigrants, that would prevent LEGAL immigrants from receiving coverage. Are you referring perhaps to the 2 year waiting period of the disabled, which is unfair and unreasonable since the reason they are disabled is that they need medical care under Medicare or Medicaid? This is not aimed at LEGAL immigrants and applies to anyone who is disabled under their codes. And Medicaid, it has been my experience, has no restriction if you are here legally and pays for anyone who has assets under $2,000.

As for the new health care reform bill - it does not cover ILLEGAL immigrants, but does cover LEGAL ones just as it does natural citizens of the nation. The problem arises when pieces like this imply that low-income LEGAL immigrants will be barred from coverage, which they will not. Once again the author lumps LEGAL in with ILLEGAL, and makes a wild assertion. I am sorry for the loss of her aunt, but to use such a loss as method of furthering misinformation and causing fear within the immigrant community is inexcusable.

While I believe that the President should veto the bill as it now appears to be headed for a variety of reasons, I have seen nothing that prevents LEGAL immigrants or low-income LEGAL immigrants from receiving any kind of medical coverage or being barred from subsidies to help them gain coverage. This assertion is just fear-mongering and wrong. Perhaps the author should do a little more research before she makes such blanket assertions that will be proven false in the end.

This country welcomes LEGAL immigrants. As the author pointed out, there are many hurdles to such entry and they are there for a reason, just as the nation her aunt came from has restrictions on who can immigrate there. ILLEGALLY entering a nation does not entitle a person, nor should it, to the benefits of those who have obeyed the law to gain entry. When advocates cover the argument that ILLEGAL immigrants should be denied benefits of the LEGAL immigrant with the term "xenophobic" or "racist", they lump all immigrants into the same category, and create racial hatred by that very act. LEGAL immigrants built this nation and they keep Her strong and unique. ILLEGAL immigrants snub their noses at the efforts of those who are here legally by violating our laws of entry and then taking the very jobs, not just of Americans but of LEGAL immigrants as well, at lower wage bases and without benefits that citizens and LEGAL immigrants worked hard for, including medical care.

Perhaps the author's attitude would be better serving her aunt and others like her aunt who are here LEGALLY by starting to address the issue not as low-income, but as LEGAL immigrants. Maybe by not hiding the fact that she is advocating for medical coverage for ILLEGALS by implying that they are one and the same under the definition of low-income, her argument might have merit. Until then, it is a flawed argument based in political bias, not reality.

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At all costs?
Posted by: DAD77 on Nov 12, 2009 1:04 PM   
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Sorry about the passing of your aunt. But your jumping to the conclusion that everyone everywhere should be entitled to Medicare and Medicad is rediculous.

The financial costs of cancer treatment are a burden to people diagnosed with cancer, their families, and society as a whole. Cancer treatment accounted for an estimated $228 billion in 2008. The average cost $165,700 per cancer victim.

I read somewhere it costs $150,000 in medical care to add one year of life to a cancer patient. So, do we educate 25 children or extend the life of one person? Because something has to give. Money does not grow on trees and the US sidewalks are not paved in gold.

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There AlterNet goes again with its dishonest propaganda
Posted by: Paul1939 on Nov 13, 2009 11:12 PM   
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AlterNet presents yet another article that is full of false and inaccurate information; information intentionally designed to deceive and mislead its readers. When discussing health insurance, its important to recognize there are three categories of people who reside in the US, and each category has different rights and obligations. Citizens have all rights prescribed by law, and with those rights they have all concurrent obligations. Legal immigrants acquire all rights of citizens and with those rights they have concurrent obligations. One of those obligations is not to become a financial burden on taxpayers for five years. There are a number of mechanisms in place to prevent those legal immigrants who, for whatever reason, attempt to use taxpayer health insurance programs. Illegal aliens have very few rights to taxpayer-funded healthcare, but as we know from 30+ years of experience they simply do not let any law get in the way of acquiring anything they want including taxpayer-funded healthcare. So when the amnesty/open borders crowd point out that the House of Representative’s healthcare bill doesn’t include healthcare for illegal aliens, the American people laugh out loud and point out that immigration law doesn’t allow illegal aliens to enter the country in violation of the law either.

American people DO NOT want illegal aliens to have access to healthcare except in TRUE emergencies, and they want legal immigrants to meet the obligations the agreed to when they were permitted to the country. Despite eight plus years of relentless propaganda campaigning to manufacture public consent for amnesty and to provide them the same benefits as US citizens, the American people have rejected any such consent. The Democratic Party arrogantly ignored the public’s demand, and instead included illegal aliens in their health insurance reform bill. The current bills if passed will saddle the American taxpayer with $100s of billions over the net ten years to provide healthcare to illegal aliens. The arrogance of Democrats in this regard is stunning, and it seems they believe voters will not punish them in 2010 and 2012 for the party’s finger in the eye of voters. Below is what voters believe in late 2009.

• 83% of U.S. voters say that citizenship verification should be part of any health care reform legislation (Rasmussen, September 2009).
• 78% of likely U.S. voters believe that mass immigration has adversely impacted the quality and cost of the U.S. health care system (Pulse Opinion Research, August 2009).
• 78% of likely U.S. voters oppose amnesty, with 19% in favor. 88% of African-Americans oppose amnesty. (Pulse Opinion Research, August 2009).
• 70% of American voters feel that increased border control should be the most important priority in immigration reform. Only 22% prioritized legalization of illegal aliens (Rasmussen, August 2009).
• 50% of American think immigration to the U.S. should be decreased, while only 14% want to see an increase in immigration to the U.S. (Gallup, August 2009).
• 68% of adults think limiting care to illegal aliens is a good to excellent way to reduce overall health care costs (Zogby, July 2009).
• 80% of likely voters oppose healthcare coverage for illegal aliens (Rasmussen, June 2009).
• 67% of liberals and progressives believe that the level of immigration into the U.S. is too high (Pulse Opinion, April 2009).
• 68% believe that employers who hire illegal aliens should be punished (Rasmussen, March 2009).
• 79% of voters say the military should be used along the border with Mexico (Rasmussen, March 2009).
• 73% believe law enforcement officers should check immigration status during traffic stops (Rasmussen, March 2009).
• Only 32% of Obama voters considered his support for amnesty as a factor in their decisions to vote for him (Zogby, November 2008).

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