O'S HEALTH RX: COVER ILLEGALS

New York Post ^ | July 21, 2008 | Dick Morris and Eileen McGann

[Zakeet]

DEMOCRATS' single most important domes tic proposal - universal health insurance - may blow up in Barack Obama's face when voters are exposed to the deadly details.

Obama has said, proudly and often, "I am going to give health insurance to 47 million Americans who are now without coverage." But are they "Americans?"

That 47 million statistic includes illegal immigrants - who virtually all lack insurance. In fact, about one in four of those lacking insurance is here illegally. And they are, by far, the group most in need of health insurance.

About 15 million of the remaining uninsured are eligible for Medicaid but haven't signed up - mainly because they haven't gotten sick. When they do, they enroll in Medicaid and we pick up the full tab for their health care relatively cheaply. (About 80 percent of each Medicaid dollar goes to nursing-home care for the elderly, only about 20 percent for the medical needs of the poor.)

The rest of the uninsured pool? Virtually all the children are eligible for the State Children's Health Insurance Program. Some aren't enrolled because the parents haven't bothered, but most are eligible. That leaves about 20 million uninsured adults who are US citizens or legal immigrants. There are far better ways to handle their needs than to turn our entire health-care system upside down.

Care for illegals is the biggest unmet medical need in our nation, and Obama's program targets it squarely. But do we really want to give them federally paid coverage equal to what US senators get, as Obama proposes? Covering illegals adds dramatically to the cost of any program - and would encourage more folks to enter America illicitly.

Obama's plan will likely have a horrific effect on some local health-care systems.

[Zakeet]

America is the greatest nation on earth, and I'm going to change that.

[goldstategop]

That's gonna be a great voter getter. Even the other Open Borders dude, McCain has realized its just stupid.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Man50D]

Here's what you should be giving illegal aliens Obama!

Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) Recruitment and Employment of Illegal Aliens Encouraging and Harboring Illegal Aliens Enforcement RICO —Citizen Recourse Tax Crimes Comment

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) "Any person who . . . encourages or induces an illegal alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each illegal alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

· assists an illegal alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or · encourages that illegal alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or · knowingly assists illegal aliens due to personal convictions. ·

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal alien knowing that the illegal alien is unauthorized to work.

It is unlawful to hire any individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. "Day laborers" or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the illegal alien labor.

The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

It is illegal for nonprofit or religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist illegal aliens. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any illegal alien who is in the United States in violation of law. Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the illegal alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.

Enforcement

A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.

RICO —Citizen Recourse

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include nonprofit associations.

Tax Crimes

Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In addition to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.

Comment:

A comment and a published quote by Robert Gaffney, Attorney and County Executive of Suffolk County, LI, NY:

The statutory foundation of United States immigration law has always been the jurisdiction of the federal government, Congress and the federal courts. The preeminent laws concerning the employment of illegal aliens are found in the Immigration and Nationality Act (8 U.S.C. §~ 1101-1503), as amended by the Immigration Reform and Control Act of 1986 CIRCA).

The law states it is a crime to assist an illegal alien who lacks employment authorization by referring him to an employer, or by acting as his or her employer, or as an agent for an employer. 8 U.S.C.S. § 1324a(a)(1)(A) (Lexis 1997). Furthermore, it is unlawful to hire an individual for employment without complying with the employment eligibility requirements for every person hired. 8 U.S.C.S. § 1324a(a)(l)(B) (Lexis 1997). Moreover, conduct tending substantially to facilitate illegal aliens remaining in the United States illegally, where there is knowledge or a reckless disregard of an illegal alien s unlawful status, is a crime, with escalating penalties, encompassed within the provisions of 1324. 8 U.S.C.S. § 1324(a)(l)(A)(iii) (Lexis 1997); United States v. Kim. 193 F-3d 567 (2d Cir. 1999), are considered employees for purposes of immigration law.

[kms61]

it would have more impact if McCain weren’t also for open borders.

[Schnucki]

He means both South and North Americans?

[jmaroneps37]

See gang, today is an odd day so lil dick writes the truth and talks about the uphill fight barack mcgovern will have. The other day he was talking the other way, but that was an even day, but sssssh don't say this out loud he doesn't know we know what he is doing! He thinks he is fooling us. I think it has something to do with ingesting a toe fungus.

[Graybeard58]

He means both South and North Americans?

Some illegals are South Americans but my guess is that most are not.

[YellowRoseofTx]

Care for illegals is the biggest unmet medical need in our nation

Unmet? What rock has this writer been living under? Illegals are clogging up our emergency rooms to receive their care and we are paying for it in every way. Illegals are having their anchor babies in our hospitals and getting more than we citizens do, and we are paying for it. What care is unmet?

[gridlock]

Covering illegal immigrants would be a huge mistake. (Well, covering anybody with nationalized healthcare is a hugh mistake, but covering illegals makes in hugh-er)

We would attract to the US everybody who needs expensive health care. Our society would pick up the tab and realize absolutely nothing in return. Frankly, if another country was offering quality free health-care to whomever turned up on their doorstep, I would consider going there when I retire.

[mewzilla]

Just wondering if Barry's even aware of EMTALA?

ILLEGAL ALIENS AND EMTALA

[econjack]

Whoa...back up the bus. I don't even buy the idea that health insurance is a right. If you want health insurance, buy it yourself. At what point do the productive members of this country say "Enough!" and let the unproductive members start taking care of themselves?

BO says the rich aren't paying their fair share, yet the top 10% of income earners pay 66% of all federal income taxes. He's right...they don't pay their fair share. They pay too much! (BTW, I'm a retired teacher and far from being rich.) If you make $40K or less, you don't pay any Federal Income taxes. If you make $20K of less, you make a negative contribution to income taxes. That's fair? How about a flat 17% for everyone, with no deductions. That's fair. Or perhaps the Fair Tax (although the "Prebate" element is a train wreck waiting to happen)? Either one of those would be preferable to the current IRS Code, which even the IRS agents don't understand. (Don't believe me? Call up two times and ask the same tax question and see if you get the same answer. Hell...ask Harry Reid if you have to pay taxes at all and he'll tell you they're voluntary! That guy's dumber than sand...wake up NV!)

The American public still believes in a free lunch and BO wants to add dinner to the menu. He is a Marxist, anti-business person who simply doesn't understand how the economic system works.

[Graybeard58]

which even the IRS agents don't understand. (Don't believe me? Call up two times and ask the same tax question and see if you get the same answer.

I retired on Dec 1st 1999, the company I worked for sent me a check the next day for about $8,500 for unused vacation time, about three weeks later, around Christmas time they sent me another check, for the same amount, I knew it was a mistake so I took it back, in person, on the soonest business day possible, which was very near the end of the month.

Sure enough, when I received my earnings statement, it included both checks, the company informed me that they couldn't issue a "corrected" statement and that I had to straighten it out with the IRS. That nightmare taught me that the IRS is the absolute last place to seek tax advice.

[bcsco]

This is a ping list promoting Immigration Enforcement and Congressional Reform.
If you wish to be added or removed from this ping list, please contact me.

Welcome aboard, Ladycalif, pingee #79.

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[Diogenesis]

Socialized medicine for illegal immigrants?

Its a Romney-DNC thing already. America beware.

[WildcatClan]

If Dick thinks only 1/4 of the 45 million number are illegals, he is crazy. If they aren’t at least half that number then my eyes have been deceiving me.

I now think 25 million illegals in this country is a very conservative estimate. As an aside, if there are other countries as spineless/charitable as the USA, then we should probably start heading that way. We will go in illegally, thumb our noses at their laws, expect to be employed immediately, wipe our a$$e$ on their sovereignty, get better health care than the citizens of that country and then hit the streets and protest for more like they owe us.

[arthurus]

Why does anyone think the illegals need health insurance? Their medicine is free ER medicine. Why would they need to pay a monthly “premium” for “coverage” that is free?

[angkor]

>>>>>We will go in illegally, thumb our noses at their laws, expect to be employed immediately, wipe our a$$e$ on their sovereignty, .....<<<<<<<

Like the news report a few weeks ago (posted here on FR) about the Indonesian guy who was an “illegal alien” captured while working without visa or work permit in Malaysia, allegedly to “pay for this father’s needed operation” back home in Indonesia.

Malaysia being a SE Asian country with a low tolerance for courtroom BS and the thumbing of noses at its laws and soverignty, deported the guy post haste, but not before adminstering ONE lash of the bamboo cane on his back.

I suppose it was just a reminder, “We catch you here again, it’ll be more than one.”

All of his whining and moaning about “the operation” were considered irrelevant in light of his offences against the Malaysian people.

[HenpeckedCon]

This is a non-issue. There will be no such thing as an illegal alien when President Obama puts through his health care reform. They will all be citizens by them.

[gubamyster]

ping

[freespirited]

But do we really want to give them federally paid coverage equal to what US senators get, as Obama proposes?

Senators have to pay part of the premium. Illegals wouldn't be able to afford it. How is this going to work?