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Andy Lopez case: Sonoma DA used pro-police expert witness to justify not charging deputy who shot Andy

The Sonoma, California DA who refused to charge the deputy who murdered Andy Lopez used a pro-police expert witness to justify her decision.  The deputy has a history of violence and lying.

UPDATE: to get an idea of the atmosphere of intimidation in Santa Rosa about the Andy Lopez case, the July 11 2014 “Stop Mass Incarceration Bay Area” email list, (stopmassincarcerationbayarea@gmail.com), reports: “Three of Andy’s Youth, ages 13 and 14, were roughed up by the police after leaving the Tuesday rally. The activists in Santa Rosa have been working on get the facts of the story organized. I have been working through last night and this morning to see if lawyers can file a complaint against “sexual assault”. The behavior of the SR police was Extremely inappropriate. As the 3 young women begged the cops for a female officer to search them – the were told to “spread your legs. Spread your legs wide” followed by the officer kicking their legs out to a wide stance. The MALE office then ran his hands over the girls and into their pockets as they protested pleading to not be hurt and for a woman officer. If the plan goes right – There will be a press release tomorrow morning and they will file a claim with the City.”

SF Chronicle, Friday, July 11, 2014

Expert witness in toy-gun case has history of siding with police

Bob Egelko

Called on to investigate the fatal shooting of a toy-gun carrying 13-year-old boy by a sheriff’s deputy, Sonoma County District Attorney Jill Ravitch chose a consultant she described as “an independent, outside expert on human performance in high-stress encounters, such as officer-involved shootings.”

One quality of William Lewinski that Ravitch didn’t mention was his reliability to side with police.

Lewinski, whose website describes him as “one of the nation’s foremost authorities on reaction times and shooting dynamics,” divides his time between training police officers, researching their conduct and testifying on their behalf, usually to dispute accusations of wrongful shootings.

Since 1990, he has testified for police in more than 75 cases in the United States and several in Canada and Great Britain. The Police Firearms Officers Association in Britain honored him in 2009 with its first life-member award for his “commitment to firearms officers in the U.K.,” particularly two he helped to exonerate of murder charges.

One courtroom adversary, Pasadena attorney John C. Burton, who has clashed with Lewinski in two police-shooting cases, describes him as “an uncredentialed police expert who will say whatever they need to justify the situation.”

Had to keep firing

In the Sonoma County case, Deputy Erick Gelhaus shot Andy Lopez seven times on Oct. 22 as the teenager walked near his Santa Rosa home, carrying a plastic AK-47 rifle, its distinctive orange tip removed by a friend.

In his 14-page report, Lewinski found Gelhaus’ explanation supportable “to a high degree of scientific certainty.”

The rifle, he wrote, looked like the real thing from a distance, and Gelhaus had good reason to think his life was in danger when the boy started to turn toward him after being told to drop his gun. “From a behavioral science perspective and an action/reaction paradigm,” Lewinsky said, Gelhaus couldn’t wait until the gun was pointed at him, but had to fire, and keep firing, until the perceived threat was removed.

Lewinski said he reviewed statements by other witnesses, but interviewed only Gelhaus.

Likewise, he interviewed only one person – former BART police Officer Johannes Mehserle – before testifying at Mehserle’s murder trial for fatally shooting unarmed passenger Oscar Grant on an Oakland transit platform in January 2009.

Brought in as an expert witness on police psychology, Lewinski wasn’t allowed to say whether he thought the shooting was justified. But he told the jury in 2010 that factors such as “inattentional blindness” and “muscle memory”can cause an officer under stress like Mehserle to mistake his gun for a Taser, carried on the opposite hip, and to perceive that his captive may be armed and dangerous, even though he was lying face down with another officer kneeling on his shoulder.

The jury acquitted Mehserle of murder and convicted him of involuntary manslaughter. Lewinski also testified for Mehserle last month before a federal jury in San Francisco that found the officer had not violated Grant’s civil rights.

Weighed against other evidence in the two cases, Lewinski’s opinions don’t appear to be extreme. While protesters in Sonoma County continue to demand criminal charges against Gelhaus, they haven’t come up with evidence to contradict Lewinski’s conclusion that the officer thought Andy Lopez was carrying a real gun.

Stacking the deck?

The question that’s now being raised is whether Ravitch, the district attorney, was trying to stack the deck with her choice of consultants.

“He’s an opportunist who will say whatever is expedient to get the cop off, so why in the world would any reputable district attorney’s office rely on someone like him?”asked Oakland attorney Michael Haddad, who tangled with Lewinski over a 2000 police shooting in Oakland. Haddad is president of the National Police Accountability Project, a group of lawyers who sue police, often with the aid of their own experts.

Ravitch responded to an inquiry by listing Lewinski’s academic credentials.

Lewinski didn’t respond to requests for comment, but he’s replied to similar criticisms in the past, most recently after an office that reviews complaints against police in British Columbia said it would stop using him as an expert consultant. One official said Lewinski’s reports seemed biased.

“The science I share in the context of my work is held in the highest regard by top experts in the legal, academic and criminal justice communities worldwide, “Lewinski said in an August 2013 e-mail quoted by CBC News.

Pioneered the field

A native of Canada, Lewinski earned a doctorate from Union Institute, taking his courses online. He then pioneered – or, his critics would say, invented – the field of police psychology, founding a research center now called the Force Science Institute at the University of Minnesota at Mankato, where Lewinski was also a professor for 28 years.

Asked at last month’s Mehserle trial about the fees he charges as an expert witness, Lewinski did not give an exact figure, but said the payments include $475 an hour that goes to the institute.

He regularly testifies that police are justified in opening fire as soon as they perceive a potential threat and can’t wait until they see a gun pointed at them. If Gelhaus, in the Santa Rosa case, had waited until Andy Lopez had fully turned toward him, Lewinski wrote, “he could be shot at multiple times before he could respond.”

‘Shoot-first doctrine’

Lewinski’s shoot-first doctrine led to what he described as a major victory in the case of Anthony Dwain Lee, a Hollywood actor who was fatally shot in the back by a Los Angeles police officer at a Halloween party in 2000 after showing up in costume and pulling out a real-looking toy gun. After Lewinski’s research on reaction times showed that the officer could have been acting in self-defense, he said on his website, the family’s $100 million suit against the officer and the Los Angeles Police Department was settled for $225,000.

But there have also been defeats, like the case of Willie Wilkins, an undercover Oakland police officer shot to death by fellow officers as he tried to arrest a suspect in 2001.

Lewinski, hired as an expert by the city in a damage suit by Wilkins’ family, cast doubt on the testimony of other officers who claimed to have heard Wilkins identify himself before he was shot. Stress, he asserted, may have confused them or clouded their memories. Haddad, the family’s lawyer, challenged Lewinski at a lengthy deposition and said the witness wound up admitting that his confusion-under-stress theory would apply equally to the officers who fired the fatal shots.

The city settled the suit for $3.5 million.

Lewinski is “charming,” Haddad said in a recent interview, but “his opinions can be pretty flaky.”

Bob Egelko is a San Francisco Chronicle staff writer. E-mail: begelko@sfchronicle.com Twitter: @egelko

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SF Chronicle, Tuesday, January 7, 2014

New accusations against Santa Rosa deputy who shot boy

Henry K. Lee

SANTA ROSA — The Sonoma County sheriff’s deputy who shot and killed a 13-year-old boy after mistaking the youth’s replica gun for an assault rifle has a history of excessive force and questionable judgment, the teenager’s family said Tuesday in an amended lawsuit.

Deputy Erick Gelhaus had been involved in several controversial incidents long before he encountered and shot dead eighth-grader Andy Lopez in October, the suit said.

In 1996, Gelhaus pointed his gun at a woman “carrying her young son” after she had called for help in connection with a dispute with a neighbor, the suit said. “He chased her around her vehicle, causing her great fear and anxiety,” the complaint said.

Around that same year, Gelhaus and his partner were accused of falsifying police reports in a domestic violence matter, the suit said. The other deputy, whose name wasn’t released, was fired, according to the suit.

The suit also cites an incident in August, two months before the teenager was killed, in which Gelhaus allegedly pulled a gun on motorist Jeffrey Westbrook two times during a traffic stop on Highway 101 in Cotati. Westbrook told The Chronicle that the interaction troubled him so much that he recalled asking the deputy at one point, “Sir, is there something wrong with you?”

Sheriff’s officials “were long aware of the propensity of defendant Gelhaus to recklessly draw his firearm and to use excessive force,” said the suit, which the family first filed in November. The new allegations were added to the suit Tuesday.

Sheriff’s officials have not responded to the fresh allegations in court.

On Oct. 22, Gelhaus and a deputy he was training pulled up behind Andy, who was holding what turned out to be a replica AK-47 pellet gun in his left hand near his home outside Santa Rosa. A witness heard Gelhaus yell at the boy twice to drop the weapon, police said. Gelhaus has told investigators that he fired when the boy turned and the barrel of the rifle rose toward the deputies, he said.

An attorney for Gelhaus has said that the deputy “absolutely believed it was a real AK-47 and absolutely feared for his life.”

Gelhaus, an Iraq War veteran and frequent contributor to law enforcement magazines and online forums in which he promotes officer safety, “instructed and advised others on the use of questionable tactics, including recommendations as to how an officer must respond to justify shooting a kid with a toy gun,” the suit said.

After shooting the boy, Gelhaus deleted his online comments “in an effort to conceal his beliefs,” the suit said.

Gelhaus had not previously not fired on anyone in his 24 years with the Sheriff’s Office, where he has served as a field training officer for new recruits and trains colleagues to shoot at the department’s gun range. But the suit cites an incident in 1995 in which he accidentally shot himself in the leg while on duty, reportedly while holstering a gun.

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Here’s Real History in the Making: Fighting to Save SF City College

Here’s Real “History in the Making”:
The People Fight Back to Save City College
Friday, January 11, 9–10:30 AM
SF City College, Ocean Campus
Between Diego Rivera Theater & Visual Arts Bldg.
MUNI # 9X, 9AX, 9BX, 29, 36, 43, 49, 54, and K
Balboa Park BART 3 blocks away on Geneva
See map of campus: http://tinyurl.com/aoq7yp6

Contact:
Allan Fisher, afisher800@gmail.com
Wendy Kaufmyn ,(510) 714-8687, kaufmyn@aol.com

628x471

Students cross Phelan Avenue at the main campus of S.F. City College, which is under fire by the accrediting commission. Photo: Megan Farmer, The Chronicle / SF

City College of San Francisco students, staff, teachers and department chairs will picket and boycott the interim chancellor’s welcome address which traditionally kicks off the new semester. Instead of listening to Dr. Thelma Scott-Skillman’s speech, “History in the Making”, City College’s community will make its own history by conducting a press conference and rally addressing the people of San Francisco.

The people of San Francisco overwhelmingly showed a vote of confidence in CCSF by passing Proposition A, a parcel tax specifically dedicated to offset budget cuts, prevent worker layoffs, maintain essential classes, programs and student support services. However, the district is intending to use the funds for other purposes, namely paying high-priced consultants and bolstering reserves.

During this event people will be asked to sign a Pledge of Resistance stating their intention to take drastic action if the district doesn’t spend Proposition A funds (or reserves) as intended.

“San Francisco voters sent a clear message of affirmation for City College’s mission to serve the whole community,” said Leslie Simon, instructor in Women’s Studies and former department chair. “We denounce the district’s downsizing our mission, downsizing our college and limiting student accessibility.”

Allan Fisher, ESL instructor, insisted that, “The administration has failed to promote student enrollment, thereby creating a ‘budget crisis’. Meanwhile they are spending excessive amounts on administrative salaries, high paid consultants and lucrative interim administrative positions.”

Wendy Kaufmyn, Engineering instructor of 29 years, said, “ We need to remain steadfast in our commitment to the California Master Plan and its vision of free education for all and to AB1725, legislation which encourages an administrative role by department chairs elected by their peers.”

We accept the accreditation commission’s legitimate suggestions, we will not accept the Accrediting Commission for Community and Junior Colleges undermining of mission of our community college. We demand a commitment to the California Master Plan and its vision of free education for all, and to AB1725, encouraging an administrative role by peer-elected department chairs.

Speakers at the action will denounce:

* how Proposition A funds are not being used as the voters intended for classes, programs, and student services, and to prevent layoffs

* the limiting of student accessibility through the downsizing of CCSF

* the narrowing of CCSF’s mission to serve the whole community

* the failure of the administration to effectively promote student enrollment, thereby creating a “budget crisis”

* the administration efforts to limit democratic culture and institute an authoritarian, top-down business model for CCSF

* the dismantling of the Department Chair structure, and the negative impact on the “diversity departments”

* the excessive spending on administrative salaries and high paid consultants

* the unilateral take-backs (an additional 9% salary cut from employees on top 2.85%) after six years of employee pay freezes and concessions

* the district proposals to limit or terminate health benefits and pro-rata pay for part-time employees

* the use of CCSF funds for lucrative interim administrative hiring positions

* the mantra of productivity expressed by the administration under the name “enrollment management” that negatively impacts educational quality

* the chronic misrepresentation of CCSF in the media

* the taking away of power from the elected local Board of Trustees

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Drug Companies Refuse to Produce Generic, Less-Profitable Anti-Cancer Drug, Leading to Recurrence of Lymphoma.

Drug Companies Refuse to Produce Generic, Less-Profitable Anti-Cancer Drug, Leading to Recurrence of Lymphoma. This is a particularly eloquent illustration of the deadly effects of production for profits, rather than production for our needs. It also illustrates how the capitalists’ ownership of intellectual property (drug patents, in this case) is as toxic as their ownership of the factories, farms, hospitals etc, where we have to work to earn the money to buy back what we make in these places of employment. Bear in mind that the government pays for 80% of the research on drugs which the pharmacy companies then get patents on.

SF Chronicle, Thursday, December 27, 2012

Drug shortage, cancer recurrence linked

A drug given to lymphoma patients as a substitute for a chemotherapy medication that is in short supply has been linked in a study to an early recurrence of the cancer, according to a report released Wednesday that provides the first actual evidence of patient harm caused by a national shortage of drugs.

The shortage specifically includes older, generic medications needed for a wide range of uses such as cancer, surgery and pain management, say authors of the report, which involved Stanford University School of Medicine and Lucile Packard Children’s Hospital in Palo Alto.

“These are drugs that have gone off patent a long time ago. They are drugs that are all generic and they are quite cheap, so there’s not much incentive for the manufacturers to make them,” said Dr. Michael Link, professor of pediatrics at Stanford’s School of Medicine and senior author of the report.

Drug shortages throughout the country have been attributed to various factors, including problems in production, difficulties in getting raw materials, federal recalls and enforcement actions, and corporate decisions to discontinue making certain medications for lack of profit or other reasons.

From 2006 to 2011, the number of pharmaceutical drugs considered in short supply by the U.S. Food and Drug Administration jumped from 70 to 250. Some reports show that the drug shortage rate has slowed, but some drugs that at one point came off the short-supply list are in short supply once again, and many drugs have consistently remained scarce.

Behind the report

Wednesday’s report, led by researchers at St. Jude Children’s Research Hospital in Memphis and published in the New England Journal of Medicine, looked at more than 200 children, teenagers and young adults who had been enrolled in an ongoing national clinical trial to treat intermediate or high-risk Hodgkin’s lymphoma. This type of cancer, which accounts for about 6 percent of childhood cancers, originates from white blood cells called lymphocytes.

The trial focused on tailoring radiation therapy for patients, but had to be modified when one of the drugs used in the trial – an injectable drug called mechlorethamine, also known as Mustargen or nitrogen mustard – became unavailable in 2009. The shortage, brought on when production was moved to a new plant, forced researchers to replace mechlorethamine with a decades-old chemotherapy drug called cyclophosphamide, or Cytoxan.

Because cyclophosphamide is used almost interchangeably with mechlorethamine, researchers were not expecting much of a difference in outcomes for the patients, but while none of the patients died, the percentage of patients who remained cancer free two years after treatment fell from 88 to 75 percent.

“We were totally blindsided by the results,” Link said.

Study results end trial

Those who relapsed had to receive additional intensive therapy, which is associated with higher odds for infertility and other health problems. Researchers stopped enrolling new patients in the trials once the negative results from the substitute became apparent. The drug shortage was resolved in early November.

Hospital administrators, pharmacists and doctors have routinely found alternative medications when a preferred drug became hard to come by. But Link said his fellow physicians have long suspected that patients were being harmed by these substitutions.

The national drug shortage prompted new federal legislation this summer that requires drug manufacturers to report production interruptions and gives the FDA authority to speed approval of applications for drugs in short supply.

Maria Serpa, senior pharmacist at Sutter Medical Center in Sacramento and former president of the California Society of Health-System Pharmacists who was not involved in the St. Jude study, wasn’t surprised that the results showed patients were being harmed by the inability to get certain drugs. She said she regularly sees shortages of various drugs such as those used in anesthesia and to control pain.

“I don’t think the list is getting any smaller,” Serpa said, referring to the FDA’s shortage list. “What’s frustrating is the re-emergence of some of the older shortages from two or three years ago. This just seems to keep coming back.”

More information

For more information about the drugs in short supply, visit the U.S. Food and Drug Administration’s website: http://www.fda.gov/drugs/drugsafety/drugshortages/default.htm.

Victoria Colliver is a San Francisco Chronicle staff writer. E-mail: vcolliver@sfchronicle.com

Read more: http://www.sfgate.com/health/article/Drug-shortage-cancer-recurrence-linked-4147866.php#ixzz2GGqG9Qaf

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Senior and Disability Groups Protest Wells Fargo Evictions, Shutter Accounts

Fog City Journal, December 18, 2012

Senior and Disability Groups Protest Wells Fargo Evictions, Shutter Accounts

By Christopher D. Cook

A fiery crowd of as many as 50 seniors and their supporters including green-clad, Doctor Seuss-styled grinches, rallied this afternoon in front of Wells Fargo Bank at the intersection of Market and Grant streets, calling on the national bank to halt its evictions of struggling homeowners and to change its foreclosure practices.

“Wells Fargo, I had a home but you took it back and sold it—you’re a grinch!” activists from the San Francisco Grey Panthers and Senior & Disability Action yelled under crisp clear winter skies. “I’m a kid who had a warm house to live in but you took that away from me—you’re a Grinch!”

An hour earlier, representatives from the two groups entered the bank and closed their Wells Fargo accounts to protest home foreclosures that have “disproportionately shuttered the homes of seniors, people with disabilities, and people of color,” the groups stated.

“Too many families have lost their homes due to predatory lending, dual tracking, and simple greed,” the groups said in a media release. Dual tracking involves the selling of a house even while the current homeowners are negotiating a new loan to try to keep their home. “Wells Fargo is at the center of the foreclosure crisis in San Francisco.  They have more foreclosures in their name than any of the other banks.”

Grinch-clad protesters.

Evelyn Luluquisen, Executive Director of Manilatown Heritage Foundation, admonishes Wells Fargo over its foreclosure and eviction practices.

According to their research, Wells Fargo has held 92 auctions on foreclosed homes in San Francisco—more than double the combined total of JP Morgan Chase and Bank of America.

The groups demand “immediate action to stop the holiday foreclosures and evictions,” listing 27 San Francisco families who are at risk of eviction over the holidays.

“We’re encouraging all other organizations” to close their Wells Fargo Accounts, said James Chionsini, director of healthcare advocacy for Senior & Disability Action (SDA). “We can’t in good conscience support an organization that’s displacing our members, it’s just unethical.”

The rally was supported by an array of local labor and social justice groups including Occupy Bernal, Causa Justa: Just Cause, Housing Rights Committee, California Alliance for Retired Americans, Jobs with Justice, the Coalition on Homelessness, OPEIU Local 3, Poor Magazine/Prensa Pobre, Occupy Action Council of SF, Alliance of Californians for Community Empowerment and the Manilatown Heritage Foundation.

The groups are joining forces for a “Happy Holidays, Now Get the Hell Out!” press conference and rally tomorrow at noon at 18th and Castro to share their stories about people facing evictions during the holidays. Learn more at http://www.ellishurtsseniors.org.

Christopher D. Cook is a San Francisco author and journalist who has written for Harper’s, The Economist, The Nation, Mother Jones, the Los Angeles Times and elsewhere. He is the author of Diet for a Dead Planet: Big Business and the Coming Food Crisis. You can find more of his work at www.christopherdcook.com.

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CARA Flash Mob: Hands Off Social Security, Medicare, Medicaid! Tax the Top 2%!

The nation’s richest banks and corporations have rung up billions in deficits with wars, tax cuts for the richest, bank bailouts, and reckless speculation, and now they want us to pay by sacrificing Social Security, Medicare, Medicaid, and every other part of the Safety Net!

Democrats and Republicans alike are burning the midnight oil in search of a bi-partisan Grand Bargain to screw seniors, people with disabilities, kids, and low-income workers.

No Way! Join our Flash Mob for social justice: We demand:

* No cuts to Social Security, Medicare, Medicaid, or services to low-income people.

* End the tax cuts for the rich

* Create millions of jobs

Our goal is to video our flash mob and have it go VIRAL – so the whole country puts pressure on Congress to demand that we do not cut our essential programs in order to make the Grand Bargain on the deficit and avoid sequestration before the end of the year.

Sponsored by the California Alliance for Retired Americans (CARA) and Jobs With Justice (JwJ).

See the Resolution on Social Security, Medicare, and Medicaid written by SF Gray Panthers and passed by the SF Central Labor Council.

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Clinton’s savage program of Welfare Reform, effects on women and children

Sunday’s New York Times has a significant article on women’s’ and children’s poverty, and Welfare Reform of the 1990s.  It’s reprinted below, and is available at http://tinyurl.com/cubfjcn .

The next time you hear liberal Democrats prattle about the good old days under Clinton, with his budget surpluses, remember his 1996 Welfare Reform, the savage program that stole billions from welfare recipients and gave the money to the rich, who invested it in the stock market,  driving up stocks and giving us our vaunted “prosperity”.  Extreme poverty has doubled since Welfare Reform, and poverty and near-poverty have jumped hugely, but Obama and Pelosi say nothing about this, only talking about the “middle class.”  Clearly Democrats are as devoted to corporate profits and enriching the rich as Republicans.

Here’s the facts of the New York Times article in a nutshell

This is the fallout from the 1996 Welfare Reform, which was

  • promoted by Clinton as “ending welfare as we know it,” and
  • supported by Obama in his 2008 campaign, when he bragged about his role cutting welfare rolls as an Illinois legislator.

Welfare Reform replaced AFDC (Aid to Dependent Children) which

  • dated from New Deal,
  • gave states unlimited matching funds
  • with no time limits and little requirements for recipients
  • with TANF (Temporary Assistance for Needy Families), which
    • imposed time limits on how long you could receive welfare, (usually 5 years)
    • imposed work requirements on recipients,
    • capped payments.
    • Gave states fixed federal payments, which encouraged states to withhold aid. Since then:
      • 32 states have reduced rolls by at least 66%
      • Welfare rolls are now down 68% from the 1990s peak

Those dropped or turned away were mostly single moms and their kids. Now

  • 25% of low-income single moms are without jobs or welfare;
    This is 4 million women and children, twice the rate under AFDC.
    Over 40% of them are jobless and without assistance for over one year.
  • Since 1996, the share of households with kids living on a average of $2 per person per day has almost doubled, to almost 4%.
  • Only 20% of poor children get welfare money, lowest level in 50 years.
  • 10%  of households headed by women are in “deep poverty” (under $4,500 for family of three)

Since start of 2007 recession:

  • Welfare roles have risen only 15% during the worst unemployment since 1930s
  • 16 states have cut welfare rolls
  • 11 states cut welfare rolls by 10% or more, including states with highest unemployment
  • Benefits are cut to a national average of $350/mo for family of three
  • Arizona alone
    •  Cut welfare rolls by 50%, is using federal welfare money to plug state deficits
    • Shortened time limit from five to two years
    • Cut benefits 20%

For more information on the growth of poverty and its effects on women and children read

Center on Budget and Policy Priorities: “Poverty Rate Second-Highest in 45 years” Sept 14, 2011

Available at http://tinyurl.com/3ct69xs

World Socialist Web Site: “Extreme poverty in US has more than doubled since 1996” Feb 25, 2012

Available at http://tinyurl.com/82t6wyk

World Socialist Web Site: “(California Budget Project) Study shows harmful impact of economic crisis on California’s women.”  Available at http://tinyurl.com/7jxdoah

++++++++++++++++++++++++++++++++++++++++++++++++++++++

The article:

New York Times, Sunday, April 08, 2012

Welfare Limits Left Poor Adrift as Recession Hit

Welfare Limits Left Poor Adrift as Recession Hit

By JASON DePARLE

PHOENIX — Perhaps no law in the past generation has drawn more praise than the drive to “end welfare as we know it,” which joined the late-’90s economic boom to send caseloads plunging, employment rates rising and officials of both parties hailing the virtues of tough love.

But the distress of the last four years has added a cautionary postscript: much as overlooked critics of the restrictions once warned, a program that built its reputation when times were good offered little help when jobs disappeared. Despite the worst economy in decades, the cash welfare rolls have barely budged.

Faced with flat federal financing and rising need, Arizona is one of 16 states that have cut their welfare caseloads further since the start of the recession — in its case, by half. Even as it turned away the needy, Arizona spent most of its federal welfare dollars on other programs, using permissive rules to plug state budget gaps.

The poor people who were dropped from cash assistance here, mostly single mothers, talk with surprising openness about the desperate, and sometimes illegal, ways they make ends meet. They have sold food stamps, sold blood, skipped meals, shoplifted, doubled up with friends, scavenged trash bins for bottles and cans and returned to relationships with violent partners — all with children in tow.

Esmeralda Murillo, a 21-year-old mother of two, lost her welfare check, landed in a shelter and then returned to a boyfriend whose violent temper had driven her away. “You don’t know who to turn to,” she said.

Maria Thomas, 29, with four daughters, helps friends sell piles of brand-name clothes, taking pains not to ask if they are stolen. “I don’t know where they come from,” she said. “I’m just helping get rid of them.”

To keep her lights on, Rosa Pena, 24, sold the groceries she bought with food stamps and then kept her children fed with school lunches and help from neighbors. Her post-welfare credo is widely shared: “I’ll do what I have to do.”

Critics of the stringent system say stories like these vindicate warnings they made in 1996 when President Bill Clinton fulfilled his pledge to “end welfare as we know it”: the revamped law encourages states to withhold aid, especially when the economy turns bad.

The old program, Aid to Families with Dependent Children, dates from the New Deal; it gave states unlimited matching funds and offered poor families extensive rights, with few requirements and no time limits. The new program, Temporary Assistance for Needy Families, created time limits and work rules, capped federal spending and allowed states to turn poor families away.

“My take on it was the states would push people off and not let them back on, and that’s just what they did,” said Peter B. Edelman, a law professor at Georgetown University who resigned from the Clinton administration to protest the law. “It’s been even worse than I thought it would be.”

But supporters of the current system often say lower caseloads are evidence of decreased dependency. Many leading Republicans are pushing for similar changes to much larger programs, like Medicaid and food stamps.

Representative Paul D. Ryan of Wisconsin, the top House Republican on budget issues, calls the current welfare program “an unprecedented success.” Mitt Romney, who leads the race for the Republican presidential nomination, has said he would place similar restrictions on “all these federal programs.” One of his rivals, Rick Santorum, calls the welfare law a source of spiritual rejuvenation.

“It didn’t just cut the rolls, but it saved lives,” Mr. Santorum said, giving the poor “something dependency doesn’t give: hope.”

President Obama spoke favorably of the program in his 2008 campaign — promoting his role as a state legislator in cutting the Illinois welfare rolls. But he has said little about it as president.

Even in the 1996 program’s early days, when jobs were plentiful, a subset of families appeared disconnected — left with neither welfare nor work. Their numbers were growing before the recession and seem to have surged since then.

No Money, No Job

While data on the very poor is limited and subject to challenge, recent studies have found that as many as one in every four low-income single mothers is jobless and without cash aid — roughly four million women and children. Many of the mothers have problems like addiction or depression, which can make assisting them politically unpopular, and they have received little attention in a downturn that has produced an outpouring of concern for the middle class.

Poor families can turn to other programs, like food stamps or Medicaid, or rely on family and charity. But the absence of a steady source of cash, however modest, can bring new instability to troubled lives.

One prominent supporter of the tough welfare law is worried that it may have increased destitution among the most disadvantaged families. “This is the biggest problem with welfare reform, and we ought to be paying attention to it,” said Ron Haskins of the Brookings Institution, who helped draft the 1996 law as an aide to House Republicans and argues that it has worked well for most recipients.

“The issue here is, can you create a strong work program, as we did, without creating a big problem at the bottom?” Mr. Haskins said. “And we have what appears to be a big problem at the bottom.”

He added, “This is what really bothers me: the people who supported welfare reform, they’re ignoring the problem.”

The welfare program was born amid apocalyptic warnings and was instantly proclaimed a success, at times with a measure of “I told you so” glee from its supporters. Liberal critics had warned that its mix of time limits and work rules would create mass destitution — “children sleeping on the grates,” in the words of Senator Daniel Patrick Moynihan, a New York Democrat who died in 2003.

But the economy boomed, employment soared, poverty fell and caseloads plunged. Thirty-two states reduced their caseloads by two-thirds or more, as officials issued press releases and jostled for bragging rights. The tough law played a large role, but so did expansions of child care and tax credits that raised take-home pay.

In a twist on poverty politics, poor single mothers, previously chided as “welfare queens,” were celebrated as working-class heroes, with their stories of leaving the welfare rolls cast as uplifting tales of pluck. Flush with federal money, states experimented with programs that offered counseling, clothes and used cars.

But if the rise in employment was larger than predicted, it was also less transformative than it may have seemed. Researchers found that most families that escaped poverty remained “near poor.”

And despite widespread hopes that working mothers might serve as role models, studies found few social or educational benefits for their children. (They measured things like children’s aspirations, self-esteem, grades, drug use and arrests.) Nonmarital births continued to rise.

But the image of success formed early and stayed frozen in time.

“The debate is over,” President Clinton said a year after signing the law, which he often cites in casting himself as a centrist. “Welfare reform works.”

The recession that began in 2007 posed a new test to that claim. Even with $5 billion in new federal funds, caseloads rose just 15 percent from the lowest level in two generations. Compared with the 1990s peak, the national welfare rolls are still down by 68 percent. Just one in five poor children now receives cash aid, the lowest level in nearly 50 years.

As the downturn wreaked havoc on budgets, some states took new steps to keep the needy away. They shortened time limits, tightened eligibility rules and reduced benefits (to an average of about $350 a month for a family of three).

Since 2007, 11 states have cut the rolls by 10 percent or more. They include centers of unemployment like Georgia, Indiana and Rhode Island, as well as Michigan, where the welfare director justified cuts by telling legislators, “We have a fair number of people gaming the system.” Arizona cut benefits by 20 percent and shortened time limits twice — to two years, from five.

Many people already found the underlying system more hassle than help, a gantlet of job-search classes where absences can be punished by a complete loss of aid. Some states explicitly pursue a policy of deterrence to make sure people use the program only as a last resort.

Since the states get fixed federal grants, any caseload growth comes at their own expense. By contrast, the federal government pays the entire food stamp bill no matter how many people enroll; states encourage applications, and the rolls have reached record highs.

Among the Arizonans who lost their checks was Tamika Shelby, who first sought cash aid at 29 after fast-food jobs and a stint as a waitress in a Phoenix strip club. The state gave her $176 a month and sent her to work part time at a food bank. Though she was effectively working for $2 an hour, she scarcely missed a day in more than a year.

“I loved it,” she said.

Her supervisor, Michael Cox, said Ms. Shelby “was just wonderful” and “would even come up here on her days off.”

Then the reduced time limit left Ms. Shelby with neither welfare nor work. She still gets about $250 a month in food stamps for herself and her 3-year-old son, Dejon. She counts herself fortunate, she said, because a male friend lets her stay in a spare room, with no expectations of sex. Still, after feeding her roommate and her child, she said, “there are plenty of days I don’t eat.”

“I know there are some people who abuse the system,” Ms. Shelby said. “But I was willing to do anything they asked me to. If I could, I’d still be working for those two dollars an hour.”

Diverting Federal Funds

Clarence H. Carter, Arizona’s director of economic security, says finances forced officials to cut the rolls. But the state gets the same base funding from the federal government, $200 million, that it received in the mid-1990s when caseloads were five times as high. (The law also requires it to spend $86 million in state funds.)

Arizona spends most of the federal money on other human services programs, especially foster care and adoption services, while using just one-third for cash benefits and work programs — the core purposes of Temporary Assistance for Needy Families. If it did not use the federal welfare money, the state would have to finance more of those programs itself.

“Yes, we divert — divert’s a bad word,” said State Representative John Kavanagh, a Republican and chairman of the Arizona House Appropriations Committee. “It helps the state.”

While federal law allows such flexibility, critics say states neglect poor families to patch their own finances. Nationally, only 30 percent of the welfare money is spent on cash benefits.

“It’s not that the other stuff isn’t important, but it’s not what T.A.N.F.” — the Temporary Assistance program — “was intended for,” said LaDonna Pavetti of the Center on Budget and Policy Priorities, a Washington research and advocacy group. “The states use the money to fill budget holes.”

Even in an economy as bad as Arizona’s, some recipients find work. Estefana Armas, a 30-year-old mother of three, spent nine years on the rolls, fighting depression so severe that it left her hospitalized. Once exempt from time limits because of her mental health, Ms. Armas joined support groups, earned a high school equivalency degree and enrolled in community college.

Just as her time expired last summer, Ms. Armas found work as a teacher’s aide at a church preschool.

“It kind of pushed me to get a job,” she said.

Supporters of Temporary Assistance cite stories like that to argue that it promotes a work ethic. Despite high unemployment, low-skilled single mothers work as much now, on average, as they did under the old welfare law — and by some measures, a bit more. As a group, their poverty rates are still lower. And those without cash aid, they say, can turn to other programs.

“We have reduced our caseload, and we don’t have people dying in the street,” Mr. Kavanagh said. “There were an awful lot of people who didn’t need it.”

But the number of very poor families appears to be growing. Pamela Loprest and Austin Nichols, researchers at the Urban Institute, found that one in four low-income single mothers nationwide — about 1.5 million — are jobless and without cash aid. That is twice the rate the researchers found under the old welfare law. More than 40 percent remain that way for more than a year, and many have mental or physical disabilities, sick children or problems with domestic violence.

Using a different definition of distress, Luke Shaefer of the University of Michigan and Kathryn Edin of Harvard examined the share of households with children in a given month living on less than $2 per person per day. It has nearly doubled since 1996, to almost 4 percent. Even when counting food stamps as cash, they found one of every 50 children live in such a household.

The Census Bureau uses a third measure, “deep poverty,” which it defines as living on less than half of the amount needed to escape poverty (for a family of three, that means living on less than $9,000 a year). About 10 percent of households headed by women report incomes that low, a bit less than the peak under the old law but still the highest level in 18 years.

Some researchers say the studies exaggerate poverty by inadequately accounting for undisclosed income, like help from boyfriends or under-the-table jobs. They note that asking poor people about their consumption, rather than their income, suggests that even the poorest single mothers have improved their standard of living since 1996.

Mr. Haskins, the Temporary Assistance program’s architect, agrees that poverty at the bottom “is not as bad as it seems,” but adds, “It’s still pretty darn bad.”

Trying to Make Do

Asked how they survived without cash aid, virtually all of the women interviewed here said they had sold food stamps, getting 50 cents for every dollar of groceries they let others buy with their benefit cards. Many turned to food banks and churches. Nationally, roughly a quarter have subsidized housing, with rents as low as $50 a month.

Several women said the loss of aid had left them more dependent on troubled boyfriends. One woman said she sold her child’s Social Security number so a relative could collect a tax credit worth $3,000.

“I tried to sell blood, but they told me I was anemic,” she said.

Several women acknowledged that they had resorted to shoplifting, including one who took orders for brand-name clothes and sold them for half-price. Asked how she got cash, one woman said flatly, “We rob wetbacks” — illegal immigrants, who tend to carry cash and avoid the police. At least nine times, she said, she has flirted with men and led them toward her home, where accomplices robbed them.

“I felt bad afterwards,” she said. But she added, “There were times when we didn’t have nothing to eat.”

One family ruled out crime and rummaged through trash cans instead. The mother, an illegal immigrant from Mexico, could not get aid for herself but received $164 a month for her four American-born children until their time limit expired. Distraught at losing her only steady source of cash, she asked the children if they would be ashamed to help her collect discarded cans.

“I told her I would be embarrassed to steal from someone — not to pick up cans,” her teenage daughter said.

Weekly park patrols ensued, and recycling money replaced about half of the welfare check.

Despite having a father in prison and a mother who could be deported, the children exude earnest cheer. A daughter in the fifth grade won a contest at school for reading the most books. A son in the eighth grade is a student leader praised by his principal for tutoring younger students, using supplies he pays for himself.

“That’s just the kind of character he has,” the principal said.

After losing cash aid, the mother found a cleaning job but lost it when her boss discovered that she was in the United States illegally. The family still gets subsidized housing and $650 a month in food stamps.

The boy worries about homelessness, but his younger sisters, 9 and 10, see an upside in scavenging.

“It’s kind of fun because you get to look through the trash,” one of the girls said.

“And you get to play in the park a little while before you go home,” her sister agreed.

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“Everybody In! Nobody out!” Means No Exclusion of Undocumented Immigrants

Since its inception, Single-Payer healthcare’s most enduring rallying theme has been “Everybody In!  Nobody Out!”  This vision, which resonates with our most basic striving for equality, is being challenged now, as progressives and sections of labor rally behind Bernie Sanders’ new single-payer law, S.915, which contains the fatal flaw of excluding undocumented immigrants.  (Section 102, Universal Entitlement)  Single Payer has always been about EQUAL, comprehensive, accessible, affordable, economical healthcare for EVERYONE.  The damage the working class would suffer from passing this bill as is, and splitting us into “legal” and “not legal” groupings, would negate any advances that would be made by getting rid of  insurance companies.

I would like to present a resolution that was submitted to the American Public Health Association in response to the Obama Health Plan’s exclusion of undocumented immigrants.  In the year before the American Public Health Association (APHA) had its 2010 annual meeting on the theme of “Social Justice,” a massive health reform law had passed which totally excluded some 12 million undocumented immigrants. And while immigrants had been hoping for far-reaching reforms and a measure of long-delayed justice, harassment and deportation of undocumented immigrants had markedly increased.  In response, members of the Health-Not-War group at APHA proposed the following resolution to send an unequivocal message that this is intolerable to us as human beings and as public health workers.

Opposing the Exclusion of Undocumented Immigrants from Health Care Reform

November 5, 2010

The American Public Health Association,

Noting that this March, 2010, Congress passed and the President signed a massive Patient Protection and Affordable Care Act (PPACA), which not only leaves at least 23 million uninsured1, but explicitly excludes ALL undocumented immigrants,1 and,

Noting that the PPACA even forbids undocumented immigrants from using their own money to buy health insurance at discounted prices through the exchanges,2 and,

Noting that, of all groups, undocumented immigrants have arguably the greatest need of having healthcare expanded to them because:

FIRST: Undocumented immigrants are twice as likely to be uninsured as documented immigrants,3 and,

SECOND: Undocumented immigrants are generally excluded from Medicaid and SCHIP by federal law, and state-funded exceptions to this pattern will become rarer as state budgets languish. Moreover, most undocumented immigrants must wait five years after gaining legal residency to apply for Medicaid and SCHIP.4

THIRD: Undocumented immigrants’ future access to healthcare will be more challenging because  (1) increasing raids5 and deportations6, Arizona’s SB 10707, and the Secure Communities Initiative8 are likely to make undocumented immigrants more fearful of registering at health facilities and traveling to them, (2) State and County budget cuts are eliminating health services for  undocumented immigrants9, (3) Anti-immigrant groups are pressing jurisdictions to withdraw health services from undocumented immigrants10, and (4) Legislators are considering withdrawing citizenship from US-born children of undocumented immigrants, compromising their children’s access to healthcare as well as overturning a 150-year old constitutional right,11 and,

FOURTH:  Many of the factors contributing to poor access to healthcare for immigrants in general are worse for undocumented immigrants, such as immigrants’ fears of presenting at health institutions, immigrants’ increasing unemployment rates combined with the higher cost of buying individual insurance, and health institutions’ fear of losing funding for treating immigrants.   Even among the insured, immigrants’ and their children’s access to ambulatory and emergency care is worse than that of citizens,12 and,

FIFTH: Future funds for hospitalization of the uninsured, including undocumented immigrants, will be reduced, as PPACA reduces Medicare and Medicaid Disproportionate Share Hospital payments to hospitals serving the uninsured. Though these hospitals’ burden of uninsured will drop over time, PPACA specifies DSH payments must drop faster13, and Center for Medicare & Medicaid Services Chief Actuary estimated that the combined reductions at $64 billion over ten years.14

SIXTH: Reducing undocumented immigrants’ already poor access to healthcare is particularly dangerous and morally indefensible in light of their increased rates of injury, illness15, and death16 from hazardous  occupations17 and housing18, compounded with their vulnerability to deportation if they report dangerous conditions or seek treatment.

Noting that measures taken to deny healthcare to undocumented immigrants often result in citizens losing healthcare also, as exemplified by the 2004 cancellation of Colorado’s Presumptive (Medicaid) Eligibility program, which had allowed pregnant women to receive prenatal care while their Medicaid applications were being processed. The entire program was eliminated because about half of the women were found to be ineligible by immigration status. Citizen and immigrant women alike were put at risk, as well as their unborn children.19

Noting that  APHA has taken a clear positions against withholding medical care from undocumented immigrants in its resolution 2001-23, which “Urges the President and the Congress to oppose denial of eligibility for programs providing nutritional, prenatal, public health, medical care, and behavioral health benefits and services to any person residing in the United States on the basis of her or his immigration status”;20  its resolution 9501, which “Opposes any mandates and initiatives that would limit access to public health interventions and health services for undocumented and documented immigrants and their children;”21 and its resolution LB04-07, which “Deplores and warns against measures curtailing, eliminating, or disrupting health care to undocumented immigrants.”22

And finally, noting that the recent passage of this massive Health Reform law that explicitly and categorically excludes the grossly underserved undocumented immigrant population presents public health advocates with a grave challenge,

Therefore, the American Public Health Association

1.  Calls on the President, and Congress to end the exclusion of healthcare for undocumented immigrants from Health Reform, and

2.  Calls on the President and Congress to support health reform that provides equal, comprehensive, affordable, accessible healthcare for every person, regardless of their status of health, employment, income, or legalization,  and

3.  Calls on the President and Congress to assure that community health centers receiving $11 billion of dollars of federal aid over the next five years through the PPACA23 continue to give undocumented immigrants comprehensive health care, and

4.  Encourages public health advocates to attend future events on immigration reform (public rallies, demonstrations, press conferences and the like) with the demand of comprehensive, affordable, accessible medical care for all immigrants, regardless of legalization status.

References:

1.  Kaiser Health News. Some Will Remain Uninsured After Reform. Available at: http://www.kaiserhealthnews.org/Stories/2010/March/24/Some-Will-Remain-Uninsured.aspx.   Accessed October 3, 2010.

2.  Lewin Group.  Patient Protection and Affordable Care Act (PPACA): Long Term Costs for Governments, Employers, Families and Providers.   Available at: http://www.lewin.com/content/publications/LewinGroupAnalysis-PatientProtectionandAffordableCareAct2010.pdf.  p. 22.  Accessed October 3, 2010.

3.    Pew Hispanic Center.  Hispanics, Health Insurance and Health Care Access.   Available at: http://pewresearch.org/pubs/1356/hispanics-health-insurance-health-care-access.  Accessed October 3, 2010.

Working Immigrants.  Health uninsured rates among immigrants: far higher.  Available at: http://www.workingimmigrants.com/2009/08/health_uninsured_rates_among_i.html.  Accessed October 3, 2010.

4.   Kaiser Commission on Medicaid and the Uninsured,  Summary: Five Basic Facts on Immigrants and Their Health Care.   Available at: http://www.kff.org/medicaid/upload/7761.pdf.  Accessed October 3, 2010.

5.   Coalicion de Derechos Humanos.  Massive ICE sweep terrorizes Arizona communities following state passage of anti-immigrant profiling law.   Available at: http://www.derechoshumanosaz.net/index.php?option=com_content&task=view&id=166&Itemid=1.  Accessed October 3, 2010.

6.   Common Dreams.  Obama Administration Immigration Deportations Exceed Bush’s Record.   Available at: http://www.commondreams.org/print/56327.  Accessed October 3, 2010.

7.   Arizona Daily Star, National Physician Groups Condemn Arizona SB 1070.  Available at: http://azstarnet.com/news/blogs/health/article_ca3a8c46-62c6-11df-9a0a-001cc4c002e0.html.  Accessed November 3, 2010.

8.   San Francisco Immigrant Legal and Education Network.   San Francisco Immigrant Legal And Education Network Opposes The Implementation Of The Dangerous Secure Communities Program In San Francisco.   Available at: http://www.sfimmigrantnetwork.org/comments/sfilen_opposes_implementation_of_secure_communities_program_in_san_francisc, Accessed October 3, 2010.

9.   New York Times.  Reprieve Eases Medical Crisis for Illegal Immigrants.   Available at: http://www.nytimes.com/2010/01/06/us/06grady.html.  Accessed October 3, 2010.

Kaiser Daily Health Policy Report.  Economic Recession Forcing Local Health Departments To Reduce Services to Undocumented Immigrants.   Available at: http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=57497.  Accessed October 3, 2010.

New York Times,   Immigrants Facing Deportation by U.S. Hospitals.   Available at: http://www.nytimes.com/2008/08/03/us/03deport.html?_r=1&hp=&pagewanted=all.  Accessed October 3, 2010.

10.   Washington Independent.   Anti-Immigration Activists See Opportunity in Health Care Debate.  Available at: http://washingtonindependent.com/55044/anti-immigration-activists-see-opportunity-in-health-care-debate.   Accessed October 3, 2010.

11.   Newsweek Magazine.  The Next Front on Immigration.   Available at: http://www.newsweek.com/2010/08/01/the-next-front-on-immigration.html.  Accessed October 3, 2010.

Politico.  John McCain backs citizenship hearings.  Available at: http://www.politico.com/news/stories/0810/40589.html.  Accessed October 3, 2010.

12.   Health Affairs.  Left Out: Immigrants’ Access to Health Care and Insurance January/February 2001.   Available at: http://www.projectshine.org/files/shared_images/Left_Out.pdf ,   Accessed October 20, 2010.

13.   The Hospital & Healthcare Association of Pennsylvania.  The Patient Protection and Affordable Care Act

(PPACA) of 2010 and the Health Care and Education Affordability Reconciliation Act (HCEARA) of 2010. Available at: http://www.haponline.org/downloads/HAP_Summary_2010_PPACA_HCEARA_April2010.pdf.  Accessed November 4, 2010.

14.  Centers for Medicare & Medicaid Services. Estimated Financial Effects of the “Patient Protection and Affordable Care Act,” as Amended.  Available at https://www.cms.gov/ActuarialStudies/Downloads/PPACA_2010-04-22.pdf.  Accessed November 4, 2010.

15.  Moure-Eraso R,  Friedman-Jimenez G.  (2004) Occupational health among Latino workers: a needs assessment and recommended interventions.  New Solutions. 14/4:319-47.  Available at: http://www.nap.edu/openbook.php?record_id=10641&page=129.  Accessed November 4, 2010.

16.   Richardson, S. Fatal work injuries among foreign-born Hispanic Workers. Monthly Labor Review, October, 2005.   Available at:  http://www.bls.gov/opub/mlr/2005/10/ressum.pdf.   Accessed on November 4, 2010.

17.   APHA Policy Statement 2005-4: Occupational Health and Safety Protections for Immigrant Workers.  December 14, 2005.  Especially see Richardson S, Ruser J, Suarez P. Hispanic Workers in the United States: An Analysis of Employment Distributions, Fatal Occupational Injuries, and Non-fatal Occupational Injuries and Illnesses in National Research Council: Safety is Seguridad. Washington, D.C., National Academies Press, 2003.  Available at: http://www.nap.edu/openbook.php?record_id=10641&page=48  and http://www.nap.edu/openbook.php?record_id=10641&page=57.  Accessed November 4, 2010.

18.   Robert Wood Johnson Foundation.  Living in America: Challenges Facing New Immigrants and Refugees.  Available at: http://www.rwjf.org/files/publications/other/Immigration_Report.pdf.  Accessed November 4, 2010.

19.   Wall Street Journal.   Prenatal Care Is Latest State Cut In Services for Illegal Immigrants.   Available at: http://www.uniset.ca/naty/maternity/wsj_imm_med.htm.  Accessed October 3, 2010.

20.   APHA Policy Statement 2001-23: Protection of the Health of Resident Immigrants in the United States.  Available at: http://www.apha.org/advocacy/policy/policysearch/default.htm?id=262.   Accessed October 3, 2010.

21.   APHA Policy Statement 9501: Opposition To Anti-Immigrant Statutes.   Available at: http://www.apha.org/advocacy/policy/policysearch/default.htm?id=96.   Accessed October3, 2010.

22.   APHA Policy Statement LB04-07: Responding to Threats to Health Care for Immigrants.  November 9, 2004.

23.   PPACA Health Care Reform Timeline.   Available at: http://stabenow.senate.gov/healthcare/Health_Care_Timeline.pdf.  Accessed October 3, 2010.

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