Erickson Column: Immigration and the health care debate
Published: September 2, 2009
You’ve likely read by now that immigration issues have become part of the national dialogue in the health care reform debate. The primary issue concerns who will benefit if a national plan is put in place.
It’s not difficult to conclude that many health care reform advocates hoped that President Obama would deal with immigration first, and then tackle the equally explosive issue of national health care.
The reason is clear. Providing free medical care to illegal immigrants is just something that hasn’t won much support on Main Street. Without first resolving the immigration debate, many thought that
health care reform could go down in flames because the public would simply not support illegal immigrants receiving free medical care. The solution: Pass reform laws that provide illegal immigrants with a
lawful status and the health care concern becomes less of an issue.
However, as we’ve seen, it didn’t quite happen that way. The administration decided to roll up its sleeves and come out swinging on the health care issues first.
There has been some misunderstanding as to who will be afforded coverage if universal care is approved. In terms of proposed legislation, House bill, H.R. 3200, excludes from coverage those persons
who are not legal residents of the United States. Section 246 of the bill provides:
“Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.”
Congressman John Hall (D-NY) states on his Web site via, a “myths vs. facts” page, that the main healthcare bill in the House of Representatives specifically excludes illegal immigrants from coverage:
“MYTH: HR 3200 subsidizes health insurance for illegal aliens.
FACT: HR 3200 explicitly prohibits illegal aliens from receiving any Federal dollars to subsidize health insurance. ‘Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of
individuals who are not lawfully present in the United States,’ is the direct quote found in Section 246. Section 242 also explicitly limits eligibility for subsidies to individuals who are lawfully present in the
US. Some opponents are distorting a provision in this section that ensures that all of the income earned by members of a family is counted for the purpose of determining eligibility for subsidies, to falsely
suggest that illegal aliens in a family would be eligible. This is a phony and a blatantly wrong reading of HR 3200.”
President Obama has also taken the opportunity to be clear in terms of who is going to benefit if health care reform is passed. The president has recently confirmed that it is not his administration’s intent
to offer health care to illegal immigrants. During a recent interview as a guest on Michael Smerconish’s radio show last week, President Obama said:
“None of the bills that have been voted on in Congress, and none of the proposals coming out of the White House propose giving coverage to illegal immigrants — none of them,” he said. “That has never
been on the table; nobody has discussed it. So everybody who is listening out there, when you start hearing that somehow this is all designed to provide health insurance to illegal immigrants, that is
simply not true and has never been the case.”
The president also said during the Smerconish radio show that:
“I think there is a basic standard of decency where if somebody is in a death situation or a severe illness, that we’re going to provide them emergency care. But nobody has talked about providing health
insurance to illegal immigrants. I want to make that absolutely clear.”
Immigration reform has yet to be taken up by the White House, but that fight is on the horizon. However, in the present health care debate, it is clear that illegal immigrants will not benefit from any health
care reform that gains approval. This is one issue which should no longer cloud the health care debate.
Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C., in Woodbridge. He is the senior attorney in the firm’s Business Immigration Section. He has practiced law for over twenty
years and represents clients in numerous complex areas of immigration law.
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Reader Reactions
Ching:
I think folks are too harsh toward these illegals. My position is to point out that we “founded” this country for the same reasons today’s illegals are coming here; to find work, to have a better life. People need reminding of their history.
No I am not for open borders and unlimited immigration. However, I do recognize how business exploits the situation to make money, and that includes H1 visas. It’s to depress wages and suck greaeer profits. Greed. It’s a difficult problem.
dee why should I read my own posts when I have your expert eye to read them for me? just face the fact you want illegal immigrants to have a free ride and you want open borders.
CHING:
You need to re read your post. You say in it that you don’t care what happened in the past. If you don’t care, then you obviously couldn’t learn from it either.
Mr. Erickson says, “... it is clear that illegal immigrants will not benefit from any health care reform that gains approval.“ Any health care reform “that gains approval.“ More lawyer-speak. If Sec. 152 gains approval what will be the lawyer-speak definition of “personal characteristic”? Let’s ask Mr. Webster for the non lawyer-speak definition.
Personal: of, relating to, or affecting a person. Characteristic: a distinguishing trait, quality, or property. Thus a personal characteristic
is: A distinguishing trait, quality, or property of, relating to, or affecting a person. Gender, race, ethnicity, religion, sexual orientation, age, height, weight, color of eyes & hair, being left or right-handed, and being a citizen of one particular nation all fit this definition. And, since the bill states no definition, all fit Sec. 152.
Ray says, “As the bill is refined, corrections should be made to clarify these discrepancies.“ “should be made”? Let me remind you, Ray, that the Democrats have already voted down seven(7) Republican amendments to clarify this discrepancy!
Yes, Ray, some illegal immigrants are receiving health care. Some illegal immigrants are also paying federal & state income, FICA, & sales taxes!
Let’s do it, but let’s do it right.
Ray,
although you make a decent point, wouldnt it also a be a good point to say that as a cost saving measure we DONT provide them health care? I agree with the whole “cost neutral” thing sort of, but wouldnt it be nice to have no cost at all? Removing the illegal alien population from here removes the costs associated with them.
Oh dee…here you go again on one of your rants. never said ignore history, you always learn from it but you shouldnt repeat it (if it’s bad). if you keep going back in time to make amends for those parties that felt they were wronged (and some may have been) where do you stop and draw the line? the problem is you cannot, once you open the door it cannot be closed and those wonderful documents you mentioned are thrown out the window.
get a grip sweety and get it right
willow, I would suspect in 1,000 pages of anything written by Congress that 10% of those pages will contradict each other.
As the bill is refined, corrections should be made to clarify these discrepancies.
While these areas of discussion should be pointed out - it is too early to shoot down the program over small details.
And as noted, illegal immigrants already get free health care.
We should consider taxing them ...
There are over 304 million people in this country as I speak. Not all of them share the personal characteristic of being citizens of this country. Nor do all of them share the personal characteristic of being lawfully present in this country.
I am left-handed, as are 2 of my sisters. Because there are some 45 million other left-handed people in this country, is that not a personal characteristic of ours?
Sec. 246 of HR 3200 says nothing shall be allowed to those not legally present in this country. Sec. 156 says that being legally present, like being left-handed shall not be determinable.
Sec. 152 is lawyer-speak with the intent
of making Sec. 246 inoperable.
Ching123:
So you believe all that old stuff like the Constitution, bill of rights, etc. should be burned - like Nazi book burning - so we can rewrite history without past ugliness in it. How nice. Just like revisionist writers of the Soviet Union.
And slave families needed no compensation. I.e. Just forget it your black scum, huh?
For your revisionist history maybe we could start with the 60’s and the civil rights movement—or perhaps you prefer the KKK era.
your belief obviously is that you ignore history and don’t learn from the past, but ignore it. has to be from your military training, i.e. military coverups - ignore it and it will go away, or one officer lie and another swear to it.
This nation was built upon laws. nonsense. What laws did the Indians have? What laws did the illegal settlers come here under. Stop lying about history.
It is interesting and humorous that looking back to historical facts is twisted logic.
“This issue today is not about illegals recieving subsidized health care because guess what? they already are!“
Now there’s your ‘bingo’ moment.
Providing ‘free’ health care to an illegal is cost-neutral at this time.
It costs no more to provide them what we are already providing them!
“We can’t keep on paying for these Millions that have no Insurance and are not Legal.“
And ejben - who is your “we”?
Many illegal immigrants are receiving paychecks and having taxes withheld, taxes they often cannot file a return for. So - often, 100% of their withholdings are contributed to the federal coffers.
As has been discussed here many times in the past, even when paid cash the money must somehow be washed through the tax system for a business owner to have greenbacks to pay ‘cash’ with.
Unless of course, it is a daylaborer working for a common homeowner - then who is scamming the system?
I don’t dare bring up my Documented Illegal Immigrant Program again - which would collect taxes and provide important security documentation on the 12 million already here.
You know, until the HSM plan of frog-marching all 12 million down I-95 South takes effect.
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