Posts Tagged 'immigrants'

Immigrant Rights Groups demand end to Homeland Security’s 287(g) program and racial profiling

Immigrant Rights Groups’  Letter to President Obama Demanding An End to
Homeland Security’s 287(g) Program and Racial Profiling in Immigration Enforcement

Also see press release  Obama Accused of Continuing Bush’s Racial Profiling of Immigrants, Democracy Now on racial profiling and abuse in the 287(g) program, and NY Times Firm Stance on Illegal Immigrants Remains Policy (sic),  Shackled While Giving Birth – Police Abuse 287(g), and Immigrant Groups Protest Napolitano’s Visit

A handful of protesters call on the Obama administration to follow through on immigration reform. (Christine Lin/The Epoch Times)

Protesters call on the Obama administration to follow through on immigration reform. (Christine Lin/The Epoch Times)

San Francisco Gray Panthers and the national Gray Panthers have endorsed this letter.

July 31, 2009

The President

The White House

Washington, DC 20500

Dear Mr. President:

We, the undersigned civil rights, community, and immigrant rights organizations, urge you to imme-diately terminate the 287(g) program operated by the Department of Homeland Security (DHS). The program has come under severe criticism this year because local law enforcement agencies that have been granted 287(g) powers are using the program to target communities of color, including disproportionate numbers of Latinos in particular places, for arrest. Racial profiling and other civil rights abuses by the local law enforcement agencies that have sought out 287(g) powers have compromised public safety, while doing nothing to solve the immigration crisis.

We applaud your recent remarks acknowledging, that “there is a long history in this country of Afri-can Americans and Latinos being stopped by law enforcement disproportionately.” However, DHS’s continued use of the 287(g) program exacerbates exactly this type of racial profiling. In light of well-documented evidence that local law enforcement agencies are using 287(g) powers to justify and intensify racial profiling, Secretary Napolitano’s July 10, 2009 announcement that DHS has ex-panded the 287(g) program to include 11 new jurisdictions is deeply alarming.

Since its inception, the 287(g) program has drawn sharp criticism from federal officials, law enforce-ment, and local community groups. The program, largely recognized as a failed Bush experiment, relinquishes the power to enforce immigration law to local law enforcement and corrections agencies and has resulted in the widespread use of pretextual traffic stops, racially motivated questioning, and unconstitutional searches and seizures primarily in communities of color. In a country where racial profiling by law enforcement agents has led to massive arrests of people of color, these efforts to push immigrants into the criminal justice system is not surprising, but absolutely counterproductive to increasing public safety.

A March 2009 Government Accountability Office (GAO) report criticized DHS for program misma-nagement and insufficient oversight of the controversial program. The DHS Inspector General is currently conducting an audit of the 287(g) program, and the Department of Justice launched a civil rights investigation into the Maricopa County Sheriff’s Office, whose 287(g) program has been widely criticized for engaging in racial and ethnic profiling. The Police Foundation, the International Association of Chiefs of Police, and the Major Cities Chiefs Association have expressed concerns that deputizing local law enforcement officers to enforce civil federal immigration law undermines their core public safety mission, diverts scarce resources, increases their exposure to liability and litigation, and exacerbates fear in communities.

Reports of abuse in local communities have been widespread. In Davidson County, Tennessee, the Sheriff’s Office used its 287(g) power to apprehend undocumented immigrants driving to work, standing at day labor sites, or while fishing off piers. One pregnant woman—charged with driving without a license—was shackled to her bed during labor. In Gwinnett County, Georgia, even without formal 287(g) powers, over 350 individuals were detained and deported from the jail this February after being arrested for driving without a license, a county ordinance violation, or on traffic or misdemeanor charges. The Gwinnett jail is triple-bunked, with one person in each cell sleeping on the floor, and the jail’s internal SWAT team is known for appearing in ski masks to subdue detainees it deems uncooperative. Yet, Gwinnett County is among the 11 jurisdictions granted new 287(g) approval by Secretary Napolitano earlier this month.

In a recent research report, Justice Strategies, a nonpartisan research firm, found evidence that links the expansion of the program to racial animus against communities of color. According to FBI and census data, sixty-one percent of ICE-deputized localities had violent and property crime indices lower than the national average, while eighty-seven percent of these localities had a rate of Latino population growth higher than the national average.

The abusive misuse of the 287(g) program by its current slate of agencies has rendered it not only ineffective, but dangerous to community safety. The program has worked counter to community po-licing goals by eroding the trust and cooperation of immigrant communities and diverted already reduced law enforcement resources from their core mission. DHS’s proposed changes to the program not only fail to correct its serious flaws, but also create new ones.

We know that you are committed to tackling our nation’s most complex issues, for these reasons we ask that you examine the damaging impact the 287(g) program is having on immigrant communities across the country and terminate the program. We would be pleased to provide additional information or recommendations regarding current programs and operations of DHS.

Thank you for your consideration. Should you have any questions, please do not hesitate to contact Marielena Hincapié, executive director, National Immigration Law Center at (213) 639-3900 ext. 109.

Cc:

Janet Napolitano, Secretary, Department of Homeland Security

Eric Holder, Attorney General, USDOJ

Loretta King, Acting Assistant Attorney General for Civil Rights, USDOJ

Congressional Black Caucus

Congressional Hispanic Caucus

Congressional Asian Pacific American Caucus

Congressional Progressive Caucus

Mesa, AZ & Florence, AZ:

Rep. Ann Kirkpatrick, Rep. Jeff Flake, Sen. Jon Kyl, Sen. John McCain

Sussex, DE:

Rep. Michael N. Castle, Sen. Thomas R. Carper, Sen. Edward E. Kaufman

Gwinnett, GA:

Rep. David Scott, Sen. Saxby Chambliss, Sen. Johnny Isakson

Mesquite, NV:

Rep. Dean Heller, Sen. John Ensign, Sen. Harry Reid

Monmouth, NJ & Morristown, NJ:

Rep. Frank Pallone, Jr., Rep. Rodney Frelinghuysen, Sen. Robert Menendez, Sen. Frank R. Lautenberg

Guilford, NC:

Rep. Brad Miller, Sen. Kay R. Hagan, Sen. Richard Burr,

Rhode Island

Sen. Jack Reed, Sen. Sheldon Whitehouse

Charleston, SC:

Rep. Henry E. Brown, Jr., Sen. Lindsey Graham, Sen. Jim DeMint

Houston, TX:

Rep. John Culberson, Sen. Kay Bailey Hutchison, Sen. John Cornyn

US to limit cancer treatment to undocumented immigrants

U.S. Rule Limits Emergency Care for Immigrants

New York Times, Sept 22, 2007

The federal government has told New York State health officials that chemotherapy, which had been covered for illegal immigrants under a government-financed program for emergency medical care, does not qualify for coverage. The decision sets the stage for a battle between the state and federal governments over how medical emergencies are defined.

The change comes amid a fierce national debate on providing medical care to immigrants, with New York State officials and critics saying this latest move is one more indication of the Bush administration’s efforts to exclude the uninsured (sic) from public health services.

State officials in New York and other states have found themselves caught in the middle. The New York dispute, focusing on illegal immigrants with cancer — a marginal group of unknown size among the more than 500,000 people living in New York illegally — has become a flash point for health officials and advocates for immigrants in recent weeks.

Under a limited provision of Medicaid, the national health program for the poor, the federal government permits emergency coverage for illegal immigrants and other noncitizens. But the Bush administration has been more closely scrutinizing and increasingly denying state claims for federal payment for some emergency services, Medicaid experts said.

Last month, federal officials, concluding an audit that began in 2004 and was not challenged by the state until now, told New York State that they would no longer provide matching funds for chemotherapy under the emergency program. Yesterday, state officials sent a letter to the federal Medicaid agency protesting the change, saying that doctors, not the federal government, should determine when chemotherapy is needed.

Federal health officials declined to discuss chemotherapy or the New York claims. But Dennis Smith, director of the Center for Medicaid and State Operations at the federal Centers for Medicare and Medicaid Services, said in a statement, “Longstanding interpretations by the agency have been that emergency Medicaid benefits are to cover emergencies.”

The federal statute that defines an emergency under Medicaid makes it clear that routine care for illegal immigrants and nonresidents, including foreign students and visitors, is not covered. But the only procedures it specifically excludes from reimbursement are organ transplants, leaving to the states the task of further defining an emergency. States and courts have grappled with the question for years, yielding no clear definition.

Some states have maintained that any time a patient is able to schedule an appointment — as opposed to showing up at an emergency room — the condition would not be considered an emergency. Others, including New York, have defined an emergency as any condition that could become an emergency or lead to death without treatment.

“There are clearly situations that we consider emergencies where we need to give people chemotherapy,” Richard F. Daines, the New York State health commissioner, said in an interview late yesterday. “To say they don’t qualify is self-defeating in that those situations will eventually become emergencies.”

Dr. Daines said that for every effort in the state to use Medicaid “creatively” to cover the uninsured, “the Bush administration, at every chance, is pushing it back.”

The state estimated that the federal government denied $60 million in matching funds for emergency Medicaid from 2001 to 2006, including $11.1 million for chemotherapy. Medicaid costs are typically split evenly between the state and the federal government.

It is unclear how many other states are providing chemotherapy to illegal immigrants, because all emergency services are generally lumped together in state Medicaid reports. But others have also been challenged on emergency Medicaid claims.

In Washington State, where illegal immigrants are entitled to Medicaid coverage for a month or more after treatment in an emergency, officials said a federal audit of their emergency Medicaid claims was under way, and the state has asked the federal government to provide a definition of emergency services.

“The awkward position state Medicaid programs are in is trying to figure out what kinds of medical care should be available for emergency conditions,” said Douglas Porter, assistant secretary for the Washington Health and Recovery Services Administration.

Washington and other states have also fought the federal government over Medicaid for infants born to illegal immigrants, an issue reflected in the ferocious debate over the national children’s health insurance program.

In the wake of stricter federal rules, New York, New Jersey, Connecticut and 20 other states have extended full Medicaid coverage, using only state money, to some immigrants who do not qualify for federal aid. Under federal law, proof of citizenship is required for full Medicaid coverage, but not for emergency coverage.

But some states with growing immigrant populations, like Georgia and Arizona, have themselves moved to limit coverage under emergency Medicaid, leading to intense opposition from immigrant health advocates.

Advocates for breast cancer patients said they were particularly concerned about the denial of coverage after lobbying the federal government for years to provide breast cancer screening to uninsured women. Under a program offered to underinsured and uninsured women, the Centers for Disease Control and Prevention provides free or low-cost screening.

“To allow women to be diagnosed with breast cancer and then create an obstacle for them to get treatment is a horrendous policy,” said Donna Lawrence, executive director of Susan G. Komen for the Cure in New York.

In New York City, cancer kills 15,000 residents a year. It is the second leading cause of death among both the native- and the foreign-born, according to a 2006 survey by the city’s health department, with lung, breast and colon cancer the top killers.

The state had initially accepted the federal finding that New York was not entitled to federal reimbursement for chemotherapy under the emergency Medicaid program. But until last month, state health officials had not informed medical providers that the treatment would no longer be covered by either state or federal funds.

That provoked a pitched outcry from immigrant health advocates over the last few weeks, and state health officials reversed their position this week, saying Medicaid should cover the treatment.

State officials said they were challenging the federal decision on the grounds that chemotherapy treatment qualifies as an emergency under the federal government’s own rules. Certain conditions, including diseases of the brain, spinal cord and bone marrow disease, could require immediate chemotherapy.

The state’s letter also said that chemotherapy can be used to “cure cancer, control cancer and/or ease cancer symptoms,” and that if that the measures typically used to treat cancer were not available to patients, their health could be in serious jeopardy — one of the federal criteria in determining an emergency.

The cost of emergency Medicaid is still a relatively small portion of state Medicaid budgets, experts said, and a majority of the money is spent on care for pregnant women, labor and delivery. But the demand for it rising quickly as the immigrant population balloons.

Health advocates say that many illegal immigrants who need and qualify for emergency care are afraid to seek help, and that emergency Medicaid is underused.

A recent study of emergency Medicaid services in North Carolina found that spending, largely devoted to pregnant women, increased by 28 percent from 2001 to 2004; still, the emergency costs accounted for less than 1 percent of total Medicaid expenditures.

New York City public hospitals, which serve 400,000 uninsured patients a year, among them illegal immigrants, would continue to provide the cancer treatment no matter what, said officials from the Health and Hospitals Corporation. But if there is no reimbursement from Medicaid, they said, they will have to look elsewhere for financial support.


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