IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
March, 2010
IMMIGRANTS, WELFARE
AND TAXES
These
are tough economic times, and tax season makes
it even harder. Vitriolic talk and finger-pointing
at alleged sources of our economic distress abound.
Immigrants are a common target. “They,” say anti-immigration
advocates, “have invaded our country, don't pay
taxes and collect welfare.” Is there any truth
to such bold, inflammatory statements?
Of
course there is some truth, but so is there “some
truth” in the scandal sheets that pass as news
magazines. There will always be people who abuse
the system – both American citizens and otherwise.
But let me put the facts into perspective – albeit
my own perspective – but colored by twenty-five
years of practicing immigration law, familiarity
with hundreds of foreign nationals and a greater-than-average
familiarity with immigration laws and regulations.
When
discussing immigrants and their rights and
activities relating to taxes and welfare, one
must distinguish between documented, or “legal” immigrants,
and undocumented immigrants. Legal immigrants
are actually very limited in the federal and
state government benefits to which they are entitled.
Since immigration law limits the grant of permanent
resident status to those who prove they will
not become a “public charge,” legal immigrants
typically have jobs or financial sponsors, pay
their taxes and are not eligible for most public
benefits for several years after acquiring permanent
resident status.
Undocumented persons in the United States without
authorization are eligible for emergency Medicaid;
and undocumented children are eligible for public
education. Undocumented folks who work typically
have taxes withheld by their employers and don't
request refunds so as not to draw attention to
themselves.
These
are facts about immigrants, welfare and taxes.
I don't see much “wiggle-room” for reducing
benefits further. Do we really want to deprive
undocumented children of an education? Our United
States Supreme Court ruled in a case entitled
Plyler v. Doe that undocumented children, as “persons” in
the United States, have a Fourteenth Amendment
right to a public education. Furthermore, the
Court observed that not educating these children
would result in the creation of a subclass of
illiterate people, which would likely exacerbate
the problems of unemployment and crime. As for
medical care, would you want to turn away anyone
needing immediate attention for a life-threatening
condition?
Our federal and state governments have already
pared down to the bone those benefits available
to documented and undocumented immigrants. Further
restrictions would be unreasonable; and, in some
cases, inhuman. Yet, we do expend valuable resources
on undocumented folks.
The
solution – or, more realistically, mitigation – of
the problem needs to begin with our federal and
state governments, which must step up their game
and stop blaming the immigrants for abuse of
the system. Our government needs to verify the
identity and status of everyone collecting benefits
and, more importantly, effectively, fairly and
humanely control the entry of persons into our
country. That's where the wiggle-room for improvement
lies.
This article should not be relied upon as
legal advice. Consult an immigration attorney
for advice specific to your situation.
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