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Healthcare debate: The ACLU’s sound of silence

Today's Financial News - Posted September 16, 2009

ACLU, advocate for the rights of illiegal immigrants, defers taking a stand on Obamacare restrictions

by J. Christoph Amberger

Baltimore, MD — TFN: Much has been made of Rep. Joe Wilson’s spontaneous outburst of “You lie!” when President Obama stated he had never proposed providing coverage to the 7 to 10 million illegal immigrants.

(In his speech to Congress on Wednesday September 9, Obama assured Congress that proposed changes to health care “would not apply to those who are here illegally.”)

Indeed, according to AP’s Erica Werner, the “House version of the health care bill explicitly prohibits spending any federal money to help illegal immigrants get healthcare coverage. Illegal immigrants could buy private health insurance, as many do now, and they could also buy into a new government-run insurance plan if Congress creates one. But unlike legal residents, they wouldn’t get federal subsidies to help them. The bill’s exact language: ‘Nothing in this subtitle shall allow federal payments for affordability credits on behalf of individuals who are not lawfully in the United States.’ Healthcare legislation in the Senate is also being crafted to exclude illegal immigrants from coverage.”

White House spokesman Robert Gibbs said on Friday, September 11: “Illegal immigrants would not be allowed to access the [health insurance puchasing] exchange that is set up.” Verification requirements are “something we’d work out with Congress,” he said.

Of course, Obama himself, despite repeatedly “making himself absolutely clear” has muddied the waters by stating unequivocally that a “basic standard of decency” would allow illegal immigrants to receive emergency care. This, of course, is already the case and would not constitute change, let alone reform in the health care for illegal immigrants. (Obama avoided mentioning who would be paying for this kind of emergency care provided.)

The other indication that illegal immigrants would have to be included in any government-sponsored scheme is the fact that Congressional Democrats and White House insist on pegging the number of the uninsured at 43 to 46 million. This, depending on what numbers you believe, includes 7 to 10 million illegal immigrants.

Since the objective of Obama-proposed health care reform is to reduce cost, especially the cost created by emergency-room visits, both arithmetic and implication would argue for coverage of illegals.

Despite Administration assurances, there are no provisions in place for how any prohibition would be enforced. Nor are there requirements to prove citizenship or legal residency status before obtaining health care benefits. An oversight?

Hardly! Just a day before the famous “You lie!” incident, Democrats on the Energy and Commerce and Ways and Means committees had made sure that such control functions would not be included: They had voted down Republican amendments requiring applicants to verify their legal status before getting care. According to Democrats, such requirements would be “unnecessarily burdensome for people legally entitled to coverage”.

Intentionally or unintentionally, the express elimination of verification processes creates a legal loophole for illegal aliens — and, contrary to Presidential assurance, constitute change in the health care system that would indeed “apply to those who are here illegally.”

Change also applies in an other aspect: For illegal immigrants (or undocumented aliens, as the politically correct euphemism goes), new government mandates would create a curious dilemma: They could be mandated to have health insurance under the proposed health care reform bill. (And get fined for not carrying any.) But they would be ineligible to receive subsidies to afford such coverage, according to the Congressional Research Service.

I was surprised that the one organization usually chiming in on behalf of illegal immigrants has so far been silent on the matter: The American Civil Libertties Union (ACLU).

On its web presence, the ACLU takes the position that “ALL people in this country — no matter what their status — have certain Constitutional and human rights. In fact, decisions spanning more than a century, the U.S. Supreme Court has ruled that the Constitution’s guarantees apply to every person within U.S. borders, including ‘aliens whose presence in this country is unlawful’. It’s worth noting that the Bill of Rights NEVER uses the word citizen — it uses the word ‘person.’ This wasn’t an accident. (The word ‘citizen’ is used in other parts of the Constitution.).”

The ACLU states that “the federal government can find, arrest, and deport people who are here in violation of the federal immigration laws, provided they do so in a way that comports with the Constitution — for example the Fourth Amendment’s prohibitions on searches and seizures and the Fifth Amendment’s guarantee of due process — and other federal laws. Similarly, the federal government can make, and has made, many lawful immigrants, as well as undocumented people, ineligible for certain welfare programs. However, there are legal and policy limits even in this area; we provide elementary education, emergency medical care, and other services to all persons regardless of status.”

Discontent with the lack of official input from this side, I called up the ACLU’s Washington, D.C., media-relations office for a clarification of their position on this matter.

Surprisingly, they had nothing to say.

After a two-day wait, I called back and was told that the ACLU media office had decided not to take a stand on health care reform as it relates to undocumented aliens. A curiously non-proactive position for an organization with such well-defined legal opinions on the legality of prayer in public schools and the civil rights of apprehended terrorists.

Cynics might say that not taking a position on access of illegals to proposed government-sponsored and -enabled health care schemes is saying enough: At a minimum, it opens the question if the organization is actually taking a partisan position favoring proponents of government-sponsored health care — deferring their programmatic advocacy for the rights of illegal immigrants until reform is an accomplished fact.


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3 Responses to “Healthcare debate: The ACLU’s sound of silence”

  • MadMommy Says:

    This topic is a hot potato, no wonder the ACLU has decided to remain neutral. The federal government has to make sure they aren’t encouraging continued illegal immigration by adding incentives for illegal immigrants to come here and have babies. The inaction of the past several administrations has cost billions in social services to illegal immigrants and their families.

    The American people were told a passel of lies in 1986 when we were hood winked into the Amnesty bill that assured us there would be strict workplace enforcement, border security and deportations of illegal immigrant criminals. Didn’t happen. Fool us once…. but not twice.

    This has really infuriated the citizen masses who have seen radical changes in their communities. They’ve seen the schools overcrowded, the local ER’s close and the budgets bulge with the weight of 10+ million illegal immigrants living within the cities of our country.

    The demographics of our country have changed in the last 20 years to levels that are now Latino dominated due to unchecked illegal immigration from South of the border. This is unfair to everyone that is here LEGALLY. Millions of angry people are currently being disenfranchised by this system. But the ACLU doesn’t care about them at all. They fight against the rights of American citizens in favor of the rights of illegal immigrants.

  • Beast Says:

    Well said MadMommy,

    There needs to be some degree of responsibility with limiting those who come here legally, let alone illegally. A city’s infrastructure cannot handle an overload of who arrive, housing, schools, cost, and safety become a huge issue. The borders should be shut down, and citizenship verification should be mandatory for all jobs and programs in our beloved country.

  • Brittancus Says:

    With unemployment at a 26 year high, the New York Times has revealed that immigration authorities at the U.S. Citizenship and Immigration Services have undertaken preparations for issuing visas to 11-18 millions (?) My guess over 20 million + illegal aliens who would be granted–BLANKET AMNESTY–if Congress is–able–to pass immigration reform legislation. Now is the time to remind your Senators and Representatives at 202-224-3121, that we demand they do NOT enroll on to this ill conceived abomination. Into our country at least a million law abiding newcomers come annually, clutching their entry visas; many waiting for years for a chance at the American dream. But the thrall of lobotomized Democrats are in for a hard lesson, including some Republican business enthusiasts, who think it’s–going to be a simple solution approving this financial calamity.

    This illegal alien mess has been methodically created by both parties for decades. But monumental amounts of the US population do not agree with this outcome. LaRaza, a radical anti-Sovereignty organization, will transform the US into a third world dumping ground yet? Incidentally regarding the 2010 Census? Small states will miss out big time on federal dollars, while mass illegal immigrant states will gain more seats in Congress and too much power and influence? Of course ICE could check the immigration status of those who are counted, even though it’s supposedly against US law? Or is counting non-legal residence against the US Constitution?

    All we need is mandatory E-Verify to remove from every honest business, workers who came here illegally; those who don’t will suffer severe penalties. This is a murky back-door way for hard-line Liberal Democrats to sneak past all verification measures, which would approve a path to citizenship for lawbreakers thus giving them access to–YOUR–health care? All Americans GOOGLE–NUMBERSUSA, to uncover the deceitful way they plan to cheat all legal workers and citizens? America is already on the road to irreversible OVERPOPULATION. Do all the people out their who are suffering from a compassion syndrome, believe–ALL–Americans want to pay even higher taxes to support corporate welfare, for the millions they have already hired? I don’t think so?

    This is one of the cloaked agendas of The Council of Foreign Relations to intensify the unfettered inflow of destitute peoples into North America. We already spend more money across the globe, than anyone else? Yet the United Nations is never satisfied. We already have a negative-dollar free trade treaty, which has seen the disappearance of our manufacturing industries. To me Globalism and internationalism are dirty words, and when Americans open their eyes it might be too late? Our country is being emasculated by the illegal immigration and the financial support poured out by unaware taxpayers. America is like the Greek god “Atlas” supporting the world and its issues? That is exactly what we are doing–SUPPORTING THE WORLD? For the record 15 Democrats are already discussing your fate, as they strife to undermine immigration enforcement amendments:

    1. To permanently reauthorize E-Verify? 2. To complete the 700 miles of border fencing? 3. To continue and not rescind the No-match-letter program, that HS Napolitano has closed down. 4. Grassley’s amendment to allow all businesses that use E-Verify to run all of their current employees through the E-Verify system. Go see who the traitors are to our protection of the border at NUMBERSUSA. Napolitano who rules over the Homeland Security agency has compromised the immigration enforcement agencies policies, by taking away 287 G apprehension law from uniformed police across the land. She is supposedly placed in this security citadel to keep Americans safe, but her Democratic politics is taking control and therefore such powerful deterrents such as 287 (g), finishing the poorly constructed border fence, containing heavy duty ICE raids and just breaking down the already thin line that holds back criminal aliens, drug traffickers and the pollution of illegal law breakers who have no permission to enter America.

    I keep hearing that the 1986 Immigration Reform & Control Act (Simpson/Mazzoli Bill) needs fixing? That it’s broken? Take a minute to understand that the Kennedy law was never enforce? It was rife with fraud? Neither impotent political party has used their power, to keep the special interest hibernated? They are the ones with millions of dollars that held back any resolution to this progressive dilemma. Now the leadership want to unleash a far greater number of human beings into America, when we are already drowning in debt to foreign countries, even communist China.

    Do you know what the state of our highways or underground utilities? Each state has 30 year underground causeways of irreparable water and sewage pipes that our government has ignored. Again I say watch “The Crumbling of America” on the History channel. Each year our bridges and dams are deteriorating, so they do hasty repairs, but many are seeing deployable erosion that cannot be fixed, because the state has not enough money? Yet the Democrats want to cause an avalanche of impoverished people, who will want to bring in even more family members. Who’s going to recompense for them? Then even more will break through the fence, enter as a tourist or slip into America via the Caribbean? The onslaught will never end and our reservoir of cash is finally exhausted.

    I have a hard time paying my taxes, without paying more for the impecunious, uneducated who slip into our sovereign country bring the criminals, the handicapped and elderly immigrants. Who pays for my family and kids, the house payment, health care and car? NOT THE BLOODY TRAITORS IN WASHINGTON ON BOTH SIDES OF THE AISLE WHO KEEP PILING ON HIDDEN TAXES TO SUBSIDIZE ILLEGAL FOREIGNERS AND FAMILIES FROM OTHER COUNTRIES. I’LL EVEN GO FOR PEOPLE WHO HAVE SKILLED JOBS AND SOMETHING TO OFFER, BUT NOT FOR JUST ANYBODY WHO TAXPAYERS HAVE TO SUPPORT?

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