This
is a resolution that a Gray Panther member is bringing to the American
Public Health Association 2004 Convention:
The American Public Health Association,
Noting with alarm an upsurge of legal moves over
the past year that would imperil the healthcare of undocumented immigrants,
specifically:
FIRST: Introduction of H.R. 3722, Rohrabacher
(Calif), requiring Emergency Room workers to fingerprint or photograph
undocumented immigrant patients and report them to Homeland Security for
deportation proceedings, as a condition for hospitals to receive new federal
funds for undocumented immigrant care. The measure was defeated. (1)
SECOND: The attempt of the California organizers who promoted Proposition
187 in 1994 to introduce a "Save our State" initiative denying
non-emergency health care to undocumented immigrants and requiring public
employees to report immigration violations. The signature campaign failed.
(2)
THIRD: Introduction of a Center for Medicare and Medicaid regulation that
hospitals must collect immigration information in their Emergency Rooms
to qualify for federal funds for uncompensated care. The regulation was
rescinded after widespread protests by hospitals. (3)
FOURTH: A suit by the Friends of Immigration Law Enforcement against Los
Angeles County for paying for immigrants' healthcare instead of recovering
treatment costs from the patients' sponsors. The suit was rejected by
the court. (4)
FIFTH: A suit by ProEnglish, The Association of American Physicians and
Surgeons, and The Pacific Legal Foundation against the Health and Human
Services requirement that hospitals provide translation services to receive
federal payments. The matter is still in court. (5)
SIXTH: Cancellation of Colorado's Presumptive (Medicaid) Eligibility program
which had allowed pregnant women to receive prenatal care immediately
while their Medicaid applications were being processed. The entire program
was eliminated because about half of women granted Presumptive Eligibility
were later found to be ineligible by immigration status. (6)
SEVENTH: Arizona's Proposition 200 that withholds healthcare and other
social services from undocumented immigrants and makes it a crime for
state employees not to report undocumented immigrants using state services.
This ballot initiative will be voted on November 2, 2004. (7), and
Noting that that all of these measures would
endanger the health of both undocumented immigrants and the general public
by making undocumented immigrants fearful of seeking healthcare or reducing
their access, and that APHA has already taken clear positions against
measures that would decrease use of health facilities by any immigrants
(8-13), or decrease use of emergency facilities (14), and
Noting that that many of these measures would
take health workers from their proper duties and force them into duties
of law enforcement and homeland security, risking subordination of public
health priorities, which APHA has already taken a position against (15),
and
Therefore the American Public Health Association calls upon its Executive
Board to initiate a publicity campaign, via press releases and press conferences
directed to the general public, colleagues, and lawmakers, in which APHA
(1) identifies a trend of growing attack on immigrant
healthcare,
(2) deplores and warns against measures like
these as an attack on the health of immigrants and citizens alike, and
(3) deplores and warns against measures like
these as an attack on the organized structure of public health, and
(4) urges health workers to not co-operate or
comply with such measures which demand their participation,
(5) pledges APHA support and urges health workers
to support any other health workers who are disciplined for failure to
comply with such measures.
References:
(1)
"House Defeats Bill To Require Doctors To Report Undocumented Immigrants
in Their Care", California Healthline, May 19, 2005
(2)
"Supporters of Ballot Initiative To Restrict Services To Undocumented
Immigrants Short 200,000 Signatures", California Healthline, April
1, 2004
(3)
"Washington Post Examines Administration Abandonment of Policy on
Immigration Status Inquiries" California Healthline, October 5, 2004
(4)
"Judge rejects suit on immigrants' health care in LA County,"
San Jose Mercury News, September 14, 2004,
(5)
"Lawsuit Challenges Translator Requirement at Hospitals Receiving
Federal Funds," Kaiser Family Foundation Daily Health Policy Report,
August 31, 2004,
(6)
"Prenatal Care is the Latest Cut for Illegal Immigrants", San
Francisco Chronicle, October 18, 2004,
(7)
"Discontent over Illegals in Arizona", Christian Science Monitor,
October 20, 2004,
(8)
Ensuring Access to Health Services for
Undocumented Immigrants, 9401
(9)
Public Health Consideration Related to Undocumented Persons, 7833
(10)
Avoiding the Public Health Consequences of Anti-Immigrant Racism, 8223
(11)
Immigration Policies Related to Communicable Diseases, 9013
(12)
Opposition to Anti-Immigrant Statutes, 9501
(13)
Protection of the Health of Resident Immigrants in the United States,
2001-23
(14)
The Denial of Emergency Care to Uninsured Patients, 8704
(15)
Sustaining the Independence and Effectiveness of Public Health While Responding
to Terrorism, 2002-01(LB)
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