Marietta Daily Journal

D.A. King: Is Obama-care to include illegal aliens? 07/22/2009

In the rush by the Obama administration to take over American health care, we should be asking how the more than 20 million illegal aliens in America fit in. What about the illegals and government-provided health insurance? The answer depends on who you can hear. If you are a liberal, it may depend on how you “feel”…

HERE

My letter to president of West Georgia Technical College regarding that college illegal administration of benefits to illegal aliens.

17 July 2009

Dr. Skip Sullivan

President

West Georgia Technical College

176 Murphy Campus Blvd.
Waco, Georgia 30182

Re; WGTC violations of state and federal laws regulating administration of Public Benefits

Dr. Sullivan,

I write before legal action as a courtesy and on the assumption that you and the Board of West Georgia Technical College are unaware of the violations described below. And that you will use your authority to correct the illegal policy and practice that is responsible for diverting federal and state provided Public Benefits to ineligible recipients.

I have watched and recorded the recent Atlanta CBS TV news report concerning WGTC’s practice of providing Adult continuing education including no-cost ESL classes to people regardless of illegal immigration status.

Adult Education is a Public Benefit and administration of these benefits is regulated by two separate federal laws (8 USC 1611& 8 USC 1621) and two state laws, the Georgia Security and Immigration Compliance Act of 2006 ((GSICA)) and the 2009 HB 2 which will become effective on January 1, 2010).

While I am certain that you will have employees in your legal department educate themselves on the mandates in the code, I offer the definition of both federal and state and local Public Benefits taken from both federal laws below:

8USC1611

(c) “Federal public benefit” defined

(1) Except as provided in paragraph (2), for purposes of this chapter the term “Federal public benefit” means—

(A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and

(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.

8USC1621

c) “State or local public benefit” defined

(1) Except as provided in paragraphs (2) and (3), for purposes of this subchapter the term “State or local public benefit” means—

(A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and

(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government

Additionally, all agencies and local governments in Georgia administering Public Benefits are required to collect an affidavit from all applicants for those benefits attesting to either U.S. citizenship or lawful alien status ( Section 9, GSICA). Penalty for false swearing is a felony in Georgia.

Under GSICA, as of July 1, 2007, all such Georgia agencies and local governments are then required to verify the accuracy of sworn lawful alien status for non citizens using the federal Systematic Alien Verification for Entitlements System (SAVE) which uses immigration status as criteria for eligibility.

I am in possession of a May 9, 2009 list of agencies in Georgia who are authorized to use the SAVE provided by the United States Department of Homeland Security.

West Georgia Technical College is absent from the list.

Please also consider this letter my formal open records request for copies of all state required affidavits collected from applicants for all Adult Education/Public Benefit programs provided by your institution, including the no cost ESL classes provided to illegal aliens as featured in the CBS Atlanta television news reports of July 16, 2009.

As a way of saving your time, please be advised that the 1982 Plyler v Doe Supreme Court decision mandated K-12 education for illegal aliens only. It has no effect on post secondary education.

I regret to inform you that unless all violations of existing federal and state law are ended and proper documentation and verification policies and authorities are in place at your college as of September 1, 2009, I plan on filing suit in Carroll County against you personally, as president of WGTC. Additionally, a Temporary Restraining Order to halt all administration of Public Benefits until WGTC is in compliance with the law will be filed.

As an active authority on immigration law, I have prior successful experience in this area.

In these desperate economic times, I am in hopes that this unfortunate example of providing taxpayer funded benefits to people who are not eligible and rewarding people who can make it to your college after escaping capture by American Border Patrol Agents is merely an unintentional oversight.

Please feel free to contact me at any time.

D.A. King

President,

The Dustin Inman Society

Marietta, Ga. 30066

————-

Federation for American Immigration Reform

Democratic House leaders conceal fact that their health bill covers illegals

Last week, Democratic leaders in the U.S. House of Representatives unveiled their health care reform legislation entitled, “America’s Affordable Health Care Act of 2009.” Despite the language in section 246 of the bill that states: “nothing… shall allow Federal payments [for] individuals who are not lawfully present in the United States,” … HERE

Peninsula Daily — Port Angeles, Wash..

Protesters see first-hand operations of Border Patrol at Peninsula bus stop

Discovery Bay — Protesters of U.S. Border Patrol bus boardings in search of illegal [aliens] got a surprise Saturday afternoon. — Border Patrol officers showed up at the bus stop where they were demonstrating and went to work checking nationalities of passengers aboard a stopped bus…

HERE

Southeast Missourian — Cape Girardeau, Mo.

More illegals in Cape being detained at ICE’s request

Before recent changes in the relationship between federal immigration authorities and community police departments, Fatima Tanoreo-Orocio might have been let go. Instead, the 21-year-old native of Mexico spent three nights in the Cape Girardeau County Jail

HERE
…

Annapolis (Md.) Capital

County gets more illegal aliens deported

A county policy instituted in 2008 to quickly refer foreign-born inmates to federal authorities is putting three to four times more [illegal aliens] on the path to deportation than before, according to county statistics. — Officials with ICE expressed interest in 170 inmates in just the first six months of 2009…

HERE

Associated Press

ACLU working hard to thwart immigration law enforcement

The American Civil Liberties Union is calling on more than 350 Florida law enforcement agencies to stop detaining suspected illegal immigrants who are not charged with crimes. — Tampa ACLU attorney Glenn Katon said Friday that about half a dozen Florida law enforcement agencies are authorized to detain such individuals…

HERE

United States Code ( That pesky law)

8 USC 1611

TITLE 8 > CHAPTER 14 > SUBCHAPTER I > § 1611Prev | Next § 1611. Aliens who are not qualified aliens ineligible for Federal public benefits

Notwithstanding any other provision of law and except as provided in subsection (b) of this section, an alien who is not a qualified alien (as defined in section 1641 of this title) is not eligible for any Federal public benefit (as defined in subsection (c) of this section). (b) Exceptions

(1) Subsection (a) of this section shall not apply with respect to the following Federal public benefits:
(A) Medical assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] (or any successor program to such title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act [42 U.S.C. 1396b (v)(3)]) of the alien involved and are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the State plan approved under such title (other than the requirement of the receipt of aid or assistance under title IV of such Act [42 U.S.C. 601 et seq.], supplemental security income benefits under title XVI of such Act [42 U.S.C. 1381 et seq.], or a State supplementary payment).
(B) Short-term, non-cash, in-kind emergency disaster relief.
(C) Public health assistance (not including any assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.
(D) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which
(i) deliver in-kind services at the community level, including through public or private nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and
(iii) are necessary for the protection of life or safety.
(E) Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.], or any assistance under section 1926c of title 7, to the extent that the alien is receiving such a benefit on August 22, 1996.
(2) Subsection (a) of this section shall not apply to any benefit payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] to an alien who is lawfully present in the United States as determined by the Attorney General, to any benefit if nonpayment of such benefit would contravene an international agreement described in section 233 of the Social Security Act [42 U.S.C. 433], to any benefit if nonpayment would be contrary to section 202(t) of the Social Security Act [42 U.S.C. 402 (t)], or to any benefit payable under title II of the Social Security Act to which entitlement is based on an application filed in or before August 1996.
(3) Subsection (a) of this section shall not apply to any benefit payable under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] (relating to the medicare program) to an alien who is lawfully present in the United States as determined by the Attorney General and, with respect to benefits payable under part A of such title [42 U.S.C. 1395c et seq.], who was authorized to be employed with respect to any wages attributable to employment which are counted for purposes of eligibility for such benefits.
(4) Subsection (a) of this section shall not apply to any benefit payable under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.] or the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] to an alien who is lawfully present in the United States as determined by the Attorney General or to an alien residing outside the United States.
(5) Subsection (a) of this section shall not apply to eligibility for benefits for the program defined in section 1612 (a)(3)(A) of this title (relating to the supplemental security income program), or to eligibility for benefits under any other program that is based on eligibility for benefits under the program so defined, for an alien who was receiving such benefits on August 22, 1996.

(c) “Federal public benefit” defined

(1) Except as provided in paragraph (2), for purposes of this chapter the term “Federal public benefit” means—
(A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and
(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.

(2) Such term shall not apply—
(A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect;
(B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Attorney General, after consultation with the Secretary of State; or
(C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.

www.NUMBERSUSA.com

Sotomayor on Immigration

By Charles Breiterman,
July 17, 2009, 3:30 PM

NOTE: The confirmation of Judge Sonia Sotomayor is now virtually assured for the U.S. Supreme Court. What might we expect from her in immigration-related cases? Attorney Charles Breiterman has reviewed the immigration cases of her past decisions and offers this first assessment.

I am not doing this as an endorsement or non-endorsement statement of Sotomayor. It is an analysis of one of her opinions…MORE HERE

WFAA-TV — Dallas / Fort Worth

Questionable background checks on workers who fix airliners

Since 9/11, the United States spends hundreds of millions of dollars a year, physically checking the passengers who board airliners. — But some are questioning the resources devoted to checking the mechanics that repair airplanes…

In recent years, the number of foreign mechanics being brought into the U.S. to repair airliners has ballooned. But the procedures used to check their backgrounds are meager or non-existent, and can be left to the companies who benefit by bringing them here. MORE