Access to Services Regardless of Immigration Status
Summary
Federal welfare reform severely curtailed immigrants’ access to health and social services. In addition, legislation has been proposed in New York to prohibit undocumented persons from enrolling in public universities and public schools; accessing any non-emergency health care service; or, receiving any form of public assistance.
Conference Position
The Catholic Conference opposes the enactment of laws that deny essential health, social service and education services to immigrants and place workers in the position of enforcing the laws.
Rationale
During his visit to the United States in the fall of 1995, Pope John Paul II called on Americans to protect human life and human dignity and to welcome all people, including immigrants. He declared, “It is my prayerful hope that America will persevere in its own best traditions of openness and opportunity.” (Newark, N.J.) The Bishops, too, pledge a spirit of solidarity with the undocumented and support a U.S. commitment to providing a safe haven for those in need.
The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) terminated benefits to immigrants arriving in this country after August 22, 1996. This resulted in denying all but emergency services to immigrants and, in some cases, has caused other individuals to defer treatment so as to avoid questions about immigration status of themselves or family members. Although New York State has increased funding for some safety net programs that serve immigrant populations, too many children, family and elderly immigrants are denied appropriate education, health, and social services. New York must reform state laws and advocate for federal reforms to reverse failed policies that increase human suffering and need.
Legislation introduced in New York State would require workers to determine the immigration status of all persons who request health care, welfare, and education services. Individuals “suspected” of being in the U.S. illegally would be reported to the U.S. Immigration and Customs Enforcement (ICE). These verification requirements would impose an unfunded, expensive and burdensome mandate on State and local governments, forcing public agencies to bear millions of dollars in costs for immigration status monitoring, surveillance and reporting efforts.
Federal “enforcement only” provisions would go so far as criminalizing the provision of any services to those without immigration documents. Making a determination about whether an individual is present in the United States in violation of federal immigration laws in an extremely complex matter. Mandating workers, who have no experience in immigration matters to report clients they “suspect” are in the United States illegally, will inevitably result in widespread civil rights violations and discrimination complaints as people who are deemed to look or sound “foreign,” mainly people of color, are targeted for documentation checks, while those of European descent will be required to prove their status far less frequently. In states such as New York where the resident population is extremely diverse both racially and ethnically, many of the State’s millions of legal immigrant residents and persons of Puerto Rican descent would likely be unnecessarily questioned and reported to Immigration and Customs Enforcement.
Denying access to services based solely on immigration status can result in children not being immunized against communicable diseases, pregnant women not being able to access prenatal care, and persons in desperate need of medical treatment not receiving essential services. Lack of access to pre-natal care would dramatically increase chances for birth defects and low birth weight babies, many of whom are U.S. citizens. Refusing to treat patients with communicable diseases would leave dangerous and contagious conditions undiagnosed, untreated, and unfettered. Public health officials across New York State are in agreement that disease prevention is ineffective if it does not treat all segments of the population. Rather than generate any savings for New York State and its localities, denying preventive medical services to the undocumented would only increase costly long-term, acute and emergency care. Depriving undocumented children and adults of basic services which have proven to be cost effective would result in an underclass of American citizens, which will eventually cause greater financial strain on New York’s economy.
The experience of Catholic Charities workers has been that immigrant families with children who were born in this country and are citizens of the U.S., have been hesitant to participate in programs for which they are qualified recipients, such as Child Health Plus. Proposals such as these do nothing to advance the health and safety of New York State residents; instead, they foster a climate of fear and suspicion. The Catholic Conference will work vigorously against these and similar proposals.
You can download this document, Access to Services Regardless of Immigration Status, in PDF form.
