 Hispanic
American Village News
By The Associated Press
New Arizona Law Rattles Immigrant Community
By Valeria Fernández
New America Media
Nov 30, 2009
PHOENIX, Ariz.--A new Arizona law aimed at denying
public benefits to undocumented immigrants could hurt U.S. citizens as
well.
Pastors, community activists and non-profit directors
in Arizona are warning that the bill which took effect last Tuesday
could have a chilling effect on immigrant communities and their U.S born
children in need of health care, food and housing services.
“This is a terrible change,” said Alfredo Gutiérrez, a
retired senator and editor of La Frontera Times. Since undocumented
migrants don’t qualify for most state benefits this is a redundancy, and
it’s children who would pay the price, he said.
HB 2008 requires state, cities and any government
employee in Arizona to report to immigration authorities any
undocumented immigrants who request a public benefit. Government workers
could face up to four months in jail if they fail to make a report. The
law also gives taxpayers the right to sue a state or city agency if they
believe the law is not enforced properly.
The new regulations were included as part of the
budget negotiations during a special session in the state.
“They were very sneaky on the way they put it in
there,” said Lydia Guzman, president of the statewide pro-immigrant
coalition Somos America.
The law has the support of Republicans, including Gov.
Jan Brewer and Sen. Russell Pearce. Pearce has been at the forefront of
legislative efforts to related to undocumented migrants.
Arizona is considered a testing ground for immigration
laws for the rest of the nation. Over the past five, years Republican
have enacted legislation that ranges from banning scholarships for
undocumented students to denying bail to undocumented people charged
with a crime.
On 2004, Arizona voters approved Proposition 200 aimed
at limiting access to public benefits by undocumented immigrants. The
impact of the initiative was reduced to five programs after scrutiny by
Attorney General Terry Goddard.
Despite it’s limitations, Prop. 200 had an extended
effect on immigrant families who were afraid of requesting emergency
health care services and pre-natal care for pregnant women, according to
immigrant advocates.
They fear this new bill would add to the ongoing
anti-immigrant climate.
While the law doesn’t eliminate eligibility for
services it could require a caseworker to report on an undocumented
parent if they find out about their status in a casual conversation.
“This is just unconstitutional, what they’re doing is
penalizing children who are entitled to the services, but they’re going
to take it away because they’re the children of immigrants,” said Luis
Ibarra, director of Friendly House a non-profit agency that services
Latinos and immigrants in Phoenix.
The Department of Economic Security (DES) did not
respond to queries about which services will be impacted by the law. Nor
did it clarify whether or not undocumented parents could safely request
a benefit for their U.S. children without being reported to immigration
authorities.
“I’m mostly worried about the U.S. children of fathers
that have been deported. Many mothers are having to request food stamps
because they don’t have another choice," said Magdalena Schwartz, pastor
of the Disciples of the Kingdom Free Methodist Church in Mesa. "They’re
not asking for themselves, they’re asking for their children.”
The state law won’t impact eligibility for federal
benefits or essential services like emergency aid or police, some
attorneys argue. But there’s growing concern that many state workers
would report someone out of fear of loosing their job.
Guzman, president of Somos America, has been receiving
phone calls from concerned immigrants but also social workers.
“A social worker told me: We can’t tell people not to
apply if their children will starve to death. But on the other hand,
what am I going to do, it’s not like I can find another job easily?,’”
she said.
Another concern is that many of these workers might
report on refugees or domestic violence victims who have a legit claim
to a benefit for lack of understanding of the immigration laws in this
country, she added.
Despite the alarm, the law’s implementation might be
short-lived.
This coming Tuesday the Arizona Supreme Court will
rule on the future of the law due to a lawsuit brought by the League of
Arizona Cities and Towns.
The association that represents 90 cities and towns
didn’t sue about the content of the law but the way it was created. They
said it violated the state constitution because it was part of a state
budget package, not a stand-alone bill. And it went beyond the scope of
the special session called by the governor intended to address budgetary
concerns.
On Tuesday, governor Brewer called the challenge
“outrageous and shocking” at a time when Arizona is facing a budget
deficit, according to a report from the Associated Press. Brewer's
office didn’t respond to requests for comment.
If the current lawsuit is unsuccessful, “MALDEF [the
Mexican American Legal Defense and Education Fund] is prepared to go
forward to challenge the law” said attorney Daniel Ortega, who would act
as local council and fought against Prop. 200.
In the meantime, Ortega said “we’re going to have to
tell people, ‘If you’re undocumented don’t go and ask for services.”
Valeria Fernández is an independent journalist and
contributor for NAM in Phoenix Arizona.
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