August 31, 2009
Czar’s ‘communist manifesto’ scrubbed from Net
Jerusalem — Now is this for a quick clean up job? — Last week, WND reported the official communist-oriented manifesto of a radical group founded by Obama’s environmental adviser, Van Jones, was published in full on the Internet. — Just hours later, the manifesto was removed and the entire website was taken down…
MDJonline readers sound off on illegal immigrants
August 28, 2009
EDITOR’S NOTE: Below is a selection of responses shared by readers of MDJOnline.com in reaction to recent MDJ stories …
Inger Eberhart letter (in response to Mark Webb letter): Illegals’ advocate trying to demonize his opponents
Mary J Marietta wrote – Ms. Eberhart should be very grateful to letter writer Mark Webb for the remarks he makes (on MDJonline.com) about her letter. He proves her point as well as she made it. Game over. Eberhart 100 – Webb zero. He would be funny if he weren’t so sad and dangerous.
Old Vet wrote – Mr. Webb should know that not only Cherokee and Cobb are obeying the state law SB 529 by trying to stop rewarding illegals with a business license. Also Gwinnett, Hall, Acworth, Marietta, Smyrna. I wonder: Which laws does Webb approve of and would allow us to support with out being called names? …MORE HERE
E.U. struggles with migration issues
Over the past few years, key E.U. member states have been pushing for a tougher approach on irregular migration. Figures released last month suggest the numbers of arrivals via the Mediterranean are down by more than half on the same period in 2008. Questions remain over the causes and implications of this decline for future E.U. migration…
Dick Pettys’ Insider Advantage Georgia ( A subscription Website)
Reposted here with permission. We thank Mr. Dick Pettys for the space and permission
Guest Column – D.A. King:
Reports Refute Obama Claims On Health Care Legislation
By D. A. King
(8/31/09) For the people at the Congressional Research Service (CRS) in Washington, it’s fortunate that the White House program for people to report “fishy misinformation” on Obama’s heath care reform has ended.
No doubt the research arm of Congress would have been quickly turned in to the Ministry of Truth and Information.
According to a recent CRS report, “a Health Insurance Exchange would begin operation in 2013 and would offer private plans alongside a public option…HR 3200 does not contain any restrictions on noncitizens whether legally or illegally present, or in the United States temporarily or permanently.”
This is counter to the Democrat‘s – and the president’s – repeated claim to the contrary about illegals being excluded from benefits.
In an effort to dispel “rumors” about illegal aliens being included in what has become known as “ObamaCare”, the president had this to say on nation-wide radio two weeks ago: “This has been an example of just pure misinformation out there. None of the bills that have been voted on in Congress, and none of the proposals coming out of the White House propose giving coverage to illegal immigrants – none of them”.
It seems to be a 21st century game of ‘who do you trust?’
Created by an Act of Congress in 1914, the CRS Website explains its mission and history: “With a rigorous adherence to our key values, CRS provides analysis that is authoritative, confidential, objective and nonpartisan.” CRS includes “more than 450 policy analysts, attorneys, information professionals and experts in a variety of disciplines — from law, economics and foreign affairs to defense and homeland security, public administration, education, health care, immigration, energy, environmental protection, science and technology.”
As “proof” that the House bill would not allow illegal aliens to access benefits, defenders of the proposed health care change cite Section 246 of HR 3200, which reads: “Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.”
Not so fast, say many watch-dog groups, including the Washington-based Federation for American Immigration Reform (FAIR). That well-respected institution has published an easy to understand analysis that includes this inconvenient little fact: Section 246 applies only to “affordability credit” access. It does not apply to anyone enrolling in the public health insurance option created by Section 221.
Simply put: Affordability credits can be used to offset the cost of health care coverage for individuals who enroll in private insurance plans, but there is currently no provision barring illegal aliens from enrolling in the taxpayer-funded public plan.
I am guessing FAIR was reported to the White House numerous times for this one.
Most Americans – including this one – think that we can do better on making affordable and portable health insurance available to more people. But a publicly funded national insurance program that could eventually drive commercial insurance carriers out of business is not change we should believe in.
Last year American authorities caught more than a million people trying to steal the American Dream by breaking into our country. According to the most optimistic estimates from Border Patrol, this figure represents about a quarter of the total illegal “migrants”.
Hiding the expansion of opportunities for future supporters who escape capture to access public benefits may be the Chicago way, but most Americans understand it to be nationally suicidal madness.
The worst case scenario for the president is well underway: The bill didn’t get rushed through unread and uninspected by the August-break and far too many Americans are learning about the contents of his health care legislation.
Unless it is renamed ‘The Dream Lives On Teddy Kennedy Memorial Socialized Medicine Act’, the House bill is officially titled ‘America’s Affordable Health Care Act of 2009’ (H.R. 3200).It can be accessed here.
The Congressional Research Service report is titled “Treatment of Noncitizens in H.R. 3200” and can be read here.
Readers can decide for themselves exactly from where the “fishy” smell is coming.
D.A. King is a nationally recognized authority on illegal immigration and president of the Georgia-based Dustin Inman Society.
Original column HERE
InsiderAdvantage, 4401 Northside Parkway, Suite 100, Atlanta, GA 30327 Phone: 404.233.3710, Fax: 404.233.6877
InsiderAdvantageGeorgia is published daily by InsiderAdvantage,
4401 Northside Parkway, Suite 100, Atlanta, GA 30327;
Phone: 404.233.3710, Fax: 404.233.6877
POSTMASTER: Mail address changes to InsiderAdvantage,
4401 Northside Parkway, Suite 100, Atlanta, GA 30327
Copyright 2005 InsiderAdvantage.com, Inc.
Photocopying or reproducing in any other form in whole or in part is a violation of federal copyright law and is strictly prohibited without the publisher’s consent.
Dick Pettys, EDITOR
August 30, 2009
Orange County Register — Santa Ana, Calif. sc
Usual baby-wavers toss tantrum demanding amnesty for scofflaws
…The event was sponsored by the Orange County Congregation Community Organization. Members say they believe it is a moral imperative to protect the community, and to stop immigration raids and the separation of families. — The event began with a Mass at 7 p.m., followed by the testimony of three people who are in the country illegally…
“Both of the brothers now in jail are illegal immigrants. Santollo is a legal U.S. citizen, Martin said. The warrant charging Cristobal Galvan Cerna with sexual assault of a child accuses him of having sex with a 14-year-old girl on June 1, records show. “
Illegal alien brothers charged in Houston doc’s slaying
Investigators trying to determine who might have gunned down a prominent Houston doctor at his Bellville ranch last weekend didn’t have to look very far to get a break in the case. — On Friday, they charged two brothers of the physician’s ranch hand with murder and announced they were also looking for the men’s cousin…
Gunfire was exchanged
The ambush happened around noon Aug. 22 as Gonzalez arrived in a vehicle at his ranch in the 6400 block of South Sycamore Crossing, along with his 29-year-old pregnant wife, their 18-month-old son and the ranch hand, Martin said. The ranch hand was in the vehicle with the family, Martin said.
“They exchanged gunshots with the doctor,” Martin said. “The doctor was struck several times. During the incident, the wife was on the telephone with 911, talking to the Austin County dispatcher.”
The ranch hand was shot, with a bullet piercing his arm and lodging in his torso, but investigators provided no details on how that happened. The doctor’s wife, Charleen Chuke Gonzalez, hid in an undisclosed location inside the home with the couple’s young son while calling 911, officers said.
The intruders fled in a white 1999 Ford F-150 pickup and a dark red Honda Civic, officials said.
Someone in the truck shot at a Bellville police officer who encountered both vehicles at an intersection, officers said. MORE HERE.
Carl Braun — The Examiner
Mexican Consulate to illegal aliens: Know your rights!
For some time now the Mexican Government has actively educated illegal border crossers on their rights and on how to “game” the American system. We’ve seen it in everything from coloring books, to maps, pamphlets and even advertisements…
August 29, 2009
House Health Reform Bill Will Allow Illegal Aliens to Receive Taxpayer-Funded Health Care
Critics of America’s Affordable Health Care Act of 2009 (AAHCA), the health care reform bill currently working its way through the House of Representatives, have suggested the bill will provide taxpayer-funded health care to illegal aliens. Supporters of the bill maintain that Section 246 will prevent illegal aliens from receiving benefits under the bill. Section 246 states that “[n]othing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.”1 As discussed in this memorandum, Section 246 will not prevent illegal aliens from receiving taxpayer-funded health care benefits under the bill.
(1) Illegal Aliens Eligible for Public Plan. Section 246 applies only to “affordability credit” access, but does not
apply to anyone attempting to enroll in the public health insurance plan created by Section 221. Affordability
credits can be used to offset the cost of health care coverage for individuals who enroll in private insurance plans,
but there is currently no provision barring illegal aliens from enrolling in the taxpayer-funded public plan. An
amendment offered by Rep. Dean Heller (R-NV) at the Ways & Means Committee markup would have required
that enrollees in the public plan, or those seeking affordability credits, must verify eligibility with the Income
Eligibility Verification System (IEVS) and the Systematic Alien Verification for Entitlements (SAVE) system.
That amendment was rejected by the committee on a party-line vote. As currently written, the bill would allow
illegal aliens to freely enroll in the public plan.
(2) Section 246 Lacks Verification Requirements. Over the years, Congress has required various methods to
ensure that only eligible individuals receive federal public benefits. The most effective of these methods involves
the requirement that an agency or employer confirm eligibility with a verification database. Examples of effective
databases to verify eligibility include the SAVE system, which confirms an individual is a citizen or qualified
alien (as defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, more
commonly known as the “Welfare Reform Act of 1996”)2 and is therefore eligible for certain benefits; the IEVS,
which confirms income eligibility for purposes of certain means-tested benefits like Temporary Assistance to
Needy Families (TANF); or the E-Verify system, which confirms an individual is work-authorized in the United
States. A lesser method to screen for benefit eligibility would be to require applicants to self-attest eligibility,
subject to penalties of perjury, on a benefit enrollment form. This method is unreliable because it depends solely
on the honesty of applicants and also fails to actually determine an applicant’s eligibility. The health care reform
bill does not require the use of any verification database to determine eligibility for affordability credits.
Likewise, this bill does not require any screening or self-attestation by applicants to determine eligibility for
affordability credits. Instead, Section 246 bars illegal aliens from receiving affordability credits but contains no
enforcement method to ensure compliance so as to preclude ineligible individuals from receiving that benefit.
Where enforcement is lacking, we can expect compliance to be similarly lacking. Accordingly, Section 246 will
do nothing to actually preclude benefits from being improperly provided to illegal aliens.
(3) Government Studies Confirm: Bar on Benefits without Verification is Ineffective. Government research
confirms that a statute that limits the availability of government benefits is meaningless unless it is also coupled
with a vigorous method of ensuring eligibility in order to eliminate fraud and abuse. For example, the
Government Accountability Office (GAO) and other independent research have concluded that illegal aliens have
been a significant factor in the rise of Earned Income Tax Credit (EITC) disbursements despite the fact that illegal
1 Section 246 (starting on page 143, line 3) available here.
2 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L.. No. 104-193 (1996).
aliens are technically ineligible for the tax benefits.3 Likewise, the Congressional Research Service (CRS)
reported in May 2008 that illegal aliens receive significant federal benefits, notwithstanding numerous federal
laws designed to prevent this form of fraud.4 CRS cited studies from the U.S. Departments of Agriculture, Labor,
Health and Human Services, and a private organization to support the contention that a statutory bar alone will not
prevent illegal aliens from accessing government benefits.5 Accordingly, it is highly unlikely that Section 246
will operate to effectively prevent illegal aliens from receiving affordability credits provided for in the bill.
(4) Does Loophole Extend Health Coverage to Illegal Aliens Via Dependents? Section 246 may also be
rendered ineffective by virtue of Section 242(a)(2). 242(a)(2) states “members of the same family… shall be
treated as a single affordable credit individual eligible.”6 This raises the question of whether a family of illegal
aliens can qualify for the affordability credit because they have a single family member who is eligible. For
example, could an illegal alien woman receive the credit for herself simply by giving birth to a child in the United
States? If so, this exception would negate the general rule barring illegal aliens from receiving the credit and
would impose a significant cost burden on the American taxpayers.
(5) Recent Congressional Enactment to Limit Benefits for Illegal Aliens. In recent years, Congress has
enacted various provisions to effectively preclude illegal aliens from receiving taxpayer-funded benefits. For
example, the Welfare Reform Act of 1996 contained a number of reforms to ensure that only “qualified aliens”
(which excludes illegal aliens) would be eligible to receive “federal public benefits.” More recently, as part of the
Economic Stimulus Act of 2008, Congress precluded the issuance of stimulus rebate checks to illegal aliens by
limiting rebates only to persons with valid Social Security numbers (SSNs) while prohibiting checks for
individuals using individual tax identification numbers (ITINs) which can be used by illegal aliens.7 This
provision was effective in preventing the issuance of stimulus checks to illegal aliens. Likewise, the American
Recovery and Reinvestment Act of 2009 included language to preclude illegal aliens from receiving the bill’s
“Making Work Pay” tax credit.8
Conclusion. The health care reform bill lacks adequate safeguards to ensure that illegal aliens will not qualify for
the taxpayer-subsidized public health plan or affordability credits. The best way to protect the American taxpayers
is to require that each individual who enrolls in the public plan or who applies for an affordability credit to first
verify their eligibility using the IEVS and SAVE databases. Government studies confirm that statutory bars, like
Section 246, are ineffective by themselves to protect taxpayers. Congress has enacted effective language to
preclude illegal aliens from receiving benefits in recent years. The same willingness to adopt verification
requirements in the past is again necessary with respect to AAHCA in order to protect the interests of the
3 See GAO Report No. GAO/GGD-95-27, Tax Administration: Earned Income Credit – Data on Noncompliance and Illegal Alien Recipients
(October 1994), available here, GAO Report No. GAO/GGD-95-122BR, Earned Income Credit: Targeting to the Working Poor (March 1995),
available here and Edwin S. Rubenstein, The Earned Income Tax Credit and Illegal Immigration: A Study in Fraud, Abuse, and Liberal
Activism (Spring 2009), available here.
4 See Ruth Ellen Wasem, Congressional Research Service Report No. RL34500, Unauthorized Aliens’ Access to Federal Benefits: Policy and
Issues (May 21, 2008), available here (last viewed July 24, 2009).
5 See U.S. Department of Agriculture Report No. FSP-07-CHAR, Characteristics of Food Stamp Households, Fiscal Year 2006 (September
2007) (not available online); U.S. Department of Labor, Employment and Training Administration, An Analysis of Overpayments Not Included
In the Unemployment Insurance (UI) Government Performance and Results Act (GPRA) Measure for ‘Prevention of Overpayments’, available
here (last viewed July 24, 2009); U.S. Department of Health and Human Services, Characteristics and Financial Circumstances of TANF
Recipients, Fiscal Year 2006, Table 12, (November 1, 2007), available here. See also, Steven A. Camarota, Center for Immigration Studies
Report, The High Cost of Cheap Labor: Illegal Immigration and the Federal Budget (August 2004), available here.
6 Section 242(a)(2) (starting on page 133, line 10).
7 Economic Stimulus Act of 2008, Pub. L.. No. 110-185, § 101 (2008). The House passed bill would have permitted illegal aliens to receive the
stimulus rebates, language was added in the Senate bill and that language was enacted into law.
8 American Recovery and Reinvestment Act of 2009, Pub. L.. No. 111-16. When the bill originally passed the House and Senate, it did not
include adequate language to exclude illegal aliens from eligibility because the “substantial presence test,” an existing provision of the tax
code, and the lack of language limiting availability only to persons using a valid SSN would allow illegal aliens to receive the tax credit. See 26
U.S.C. § 7701(b)(3) (detailing the substantial presence test). Congressional leaders originally denied that the language was deficient and
when the media reported on this issue, Congress eventually bowed to public pressure and included a fix in the conference report. See ABC
News, “Stimulus Seeks to Bar Illegals From Tax Credit” (January 29, 2009), available here (last viewed July 24, 2009). At the time of this
article, the legislation actually did permit illegal aliens to obtain the tax credit, but within weeks the language in the conference report was
changed to preclude illegal aliens from obtaining the tax credit. HERE
August 28, 2009
Next Page »
Treatment of Noncitizens in H.R. 3200
Congressional Research Report on HR 3200 – Obamacare
( What is the Congressional Research Service?)
Treatment of Noncitizens in H.R. 3200
Specialist in Immigration Policy
Erika K. Lunder
August 25, 2009
This report outlines the treatment of noncitizens (aliens) under H.R. 3200, America’s Affordable Health Choices Act of 2009. In particular, the report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the provisions. Within the bill, noncitizens are treated differently in several provisions. In 2008, there were approximately 37.3 million foreign-born persons in the United States. The foreign-born population was comprised of approximately 15.1 million naturalized U.S. citizens and 22.2 million noncitizens.
H.R. 3200 includes an individual mandate to have health insurance, with tax penalties for noncompliance. Individuals who do not maintain acceptable health insurance coverage for themselves and their children would be required to pay an additional tax. Some individuals, including nonresident aliens, would be exempt from the individual mandate. “Nonresident alien” is a term under tax but not immigration law. For federal tax purposes, alien individuals are classified as resident or nonresident aliens. In general, an individual is a nonresident alien unless he or she meets the qualifications under a residency test. Thus, legal permanent residents, and noncitizens and unauthorized aliens who qualify as resident aliens (i.e., meet the substantial presence test), would be required under H.R. 3200 to have health insurance.
In addition, under H.R. 3200, a “Health Insurance Exchange” would begin operation in 2013 and would offer private plans alongside a public option. The Exchange would provide eligible individuals and small businesses with access to insurers’ plans, including the public option, in a comparable way. Individuals would only be eligible to enroll in an Exchange plan if they were not enrolled in other acceptable coverage (for example, from an employer, Medicare and generally Medicaid). H.R. 3200 does not contain any restrictions on noncitzens participating in the Exchange—whether the noncitizens are legally or illegally present, or in the United States temporarily or permanently. Nonetheless, only aliens who could be classified as resident aliens would be required under the bill to have health insurance.
In 2013, under H.R. 3200, some individuals would be eligible for premium credits (i.e., subsidies based on income) toward their required purchase of health insurance. To be eligible for the premium credits under H.R. 3200, individuals must be lawfully present in a state in the United States, excluding most nonimmigrants (i.e., those in the United States for a specific purpose and a specific period of time). The exceptions for nonimmigrants who could obtain premium credits under H.R. 3200 would be trafficking victims, crime victims, fiancées of U.S. citizens, and those who have had applications for legal permanent residence (LPR) status pending for three years. It is expected that almost all aliens in these excepted nonimmigrant categories will become LPRs (i.e., immigrants) and remain in the United States permanently. Furthermore, unauthorized aliens would be barred from receiving the premium credit.
H.R. 3200 as reported from the House Energy and Commerce Committee (E&C) would extend Medicaid eligibility up to 133 1/3% of poverty for populations that previously were not covered (e.g., childless adults and many parents). This extension of benefits could mean an increase in the number of noncitizens who already meet the immigration status requirements for Medicaid eligibility who would be eligible for Medicaid. Also, H.R. 3200 as reported by E & C would make eligible for full Medicaid noncitizens who lawfully reside in the United States in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, and are otherwise eligible for such assistance.
This report will be updated.
The rest of the CRS report HERE