January 27, 2006
FOR
IMMEDIATE RELEASE
CONTACT:
media@aclu.org INDIANAPOLIS - The American
Civil Liberties Union of Indiana today urged state legislators and Governor
Mitch Daniels to reject House Bill 1383, which would cut off many immigrants
from public services, including health care, and would require law enforcement
agencies to verify the status of suspected "illegal" aliens.
The
bill passed the House Public Safety and Homeland Security Committee by a 7-3
vote on January 24. The ACLU of Indiana has joined a coalition of immigrant
rights and health care advocates who oppose the bill.
"If House
Bill 1383 were to become law, it would create an atmosphere of exclusion and
hate for immigrant communities who contribute to the enrichment of our culture
and lives, and are essential workers in an economy that demands their labor,"
said Fran Quigley, Executive Director of the ACLU of Indiana. "Hoosier
lawmakers, from legislators to Governor Daniels, need to make it clear that this
ill-informed and mean-spirited proposal has no place in Indiana law."
The ACLU outlined five reasons why the bill should be
rejected:
First, contrary to assumptions, undocumented immigrants
are already excluded from all but a few government programs that related to
public health and safety.
HB 1383 is responding to a public
perception -- that undocumented immigrants drain government budgets by reaping
public benefits -- which is simply not accurate.
The few public
benefits that undocumented immigrants may receive include emergency Medicaid,
nutritional assistance to women, infants and children under the WIC program and
school lunches and breakfasts. Undocumented children are entitled to
attend public schools under the U.S. Supreme Court's 1982 Plyler v. Doe
decision. Eligibility for these few programs and services is designed to
provide emergency medical care, to reduce the risk that innocent children will
be punished or hurt as a result of their parents' immigration status, and to
serve the fiscal and long-term interests of all Americans.
Even
legal permanent resident immigrants are functionally ineligible for most
government programs. They are prohibited from receiving most cash
assistance during their first three years in the country and are subject to
deportation if they become a public charge within five years of entry.
Second, HB 1383 will undermine public health in
Indiana.
Under this bill, immigrants would be denied essential
preventive services, like vaccinations, that are designed to keep us ALL
safe. During potentially dangerous outbreaks, it is in the interest of the
general public to make sure that prevention and treatment are available to
everyone. By excluding undocumented immigrants from this type of care, HB
1383 seriously endangers the public health.
Third, HB 1383 will
undermine public safety in Indiana.
This bill would require
already overburdened law enforcement personnel to check the immigration
documents of people they come in contact with. Many local police
departments and police chiefs object to these kinds of policies because they
discourage immigrant communities from having contact with police, fire
departments, and other civic authorities. When immigrants fear reporting
crimes, acting as witnesses, or reporting domestic violence, the safety of the
larger community is jeopardized.
Fourth, asking public agencies and
law enforcement to detect and report the immigration status of individuals is
not workable, is an inefficient use of resources, and not in the public
interest.
This bill would force public health employees, like
doctors, nurses, and emergency personnel, and law enforcement personnel to
become immigration enforcers, requiring them to spend valuable time and
resources checking documents rather than providing services. Most
Americans don't carry documents showing that they belong to their own country,
and are likely to face delays when seeking medical care. Similarly, legal
immigrants have a variety of statuses under dozens of different visa
categories. Also, for example, some immigrants enter the country
unlawfully and apply for refugee status; they receive temporary status from
USCIS (United States Citizenship and Immigration Services) while their status is
being reviewed. It is unwise and unfair to expect essential medical and law
enforcement personnel to implement this complex area of law.
Fifth,
HB 1383 will result in increased discrimination and litigation.
It
is inevitable that HB 1383 will encourage law enforcement to treat persons who
"look" Hispanic or otherwise "immigrant" differently from others. Undoubtedly,
mistakes will be made and the end result would be a perpetuation of the problem
of racial profiling, and an increased amount of costly litigation filed against
government officials on behalf of the victims.
