Thread: Idaho court: Residency doesn't hinge on immigration status

And now, for another ruling......
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Idaho court: Residency doesn't hinge on immigration status

Associated Press - June 16, 2008 1:54 PM ET

BOISE, Idaho (AP) - The Idaho Supreme Court has ruled that an undocumented immigrant who was injured while living in Ada County is entitled to medical indigency assistance from Ada County.

The ruling was handed down Monday morning, with a majority of the justices siding with Saint Alphonsus Regional Medical Center. The hospital sued the Board of Ada County Commissioners after they denied an application for medical indigency assistance from Javier Ortega Sandoval.

Sandoval had racked up medical bills of more than $187,000 after he had a stroke while working in the Boise region.

The high court found that undocumented alien status doesn't affect the determination of whether someone is a resident. In other words, the concept of residency doesn't distinguish between citizens and those who entered the country illegally.

http://www.fox12news.com/Global/story.asp?S=8497971

What does citizenship or legal status hing on then? Why bother if it doesn't count for anything?

The high court found that undocumented alien status doesn't affect the determination of whether someone is a resident. In other words, the concept of residency doesn't distinguish between citizens and those who entered the country illegally



Much as I hate to say it, the court is right. There is a difference between citizenship/legal status and residency.

To "reside" means to make your home or live in a certain place, Citizenship means the country in which one was born, naturalized, or to which one owes legal allegiance to.

They are two very seperate things.

Since this guy chooses to live in Ada County, he is therefore a resident of that county whether he's here legally or not.

Now, if the case had been about whether or not only those with legal status have a right to medical assistance it would have been a different story.

Fair enough azwreath. Just wish we actually secured the border and enforced our laws, then the IA wouldn't have been a resident.

Well, if this is the case, then we'd have to provide care forever for anyone here illegally if they were unable to care for themselves. I'd send the bill to the federal government. This is a bunch of crap. According to Idaho law passed in 2006, you have to be a legal citizen to get any kind of social benefits. I'm getting sick of these judges overriding the laws. Also, if someone is here in Idaho illegally, he is not recognized as a resident. You have to be here legally to be a resident. Even foreign legal residents cannot get driver's licenses or register a vehicle. So, this judge is way out of line.

State Supreme Courts
6/16/2008
Idaho justices: Illegal immigrants entitled to medical assistance
by Chris Rizo

BOISE, Idaho (Legal Newsline) - The Idaho Supreme Court on Monday ruled that an illegal immigrant who was injured is entitled to medical assistance.

In their ruling, the high court sided with Saint Alphonsus Regional Medical Center, which sued Ada County Commissioners after they denied an application for medical indigency assistance from landscaper Javier Ortega Sandoval.

Sandoval, an illegal immigrant from Mexico, had medical bills of more than $187,000 after he had a stroke in 2006 while working near Boise.

His son, Francisco Pacheco Sandoval, applied for medical indigency assistance from Ada County while Sandoval was still hospitalized.

The Board initially denied the application because it concluded that Sandoval could not be a resident of Idaho as he was an illegal immigrant.

Overturning a ruling by Ada County Judge D. Duff McKee, the justices said immigration status does not affect whether someone is a resident of a county.

"Sandoval's status as an undocumented alien does not affect the determination of whether he is a resident of Ada County," Justice Roger Burdick wrote for the majority.

"The concept of residency does not distinguish between citizens and those who have entered this country illegally," he added.

Concurring in the decision were Justices Joel Horton, Jim Jones and Justice Pro Tem J. Kidwell. Dissenting was Justice Warren Jones.

From Legal Newsline: Reach reporter Chris Rizo by e-mail at chrisrizo@ legalnewsline.com.

http://www.legalnewsline.com/news/21349 ... assistance

Well as "residents" they should be liable to pay for the costs suffered by hospitals when they receive health care.
Why the hell do illegal aliens get the benefit of the doubt when it comes to government bennies but they are no where to be found when it comes to paying up for receiving millions in emergency health care?

I may be on a limb but this decision will in the end benefit our side. There is no way in hell local communities will be able to attend the needs of "resident" illegal aliens. This decision will be the fire that lights up the match of the American people.

Most of you wanted an increase in the numbers of Americans and local governments waking up to the cost of illegal aliens. Well now you have it.
An out of control court will bring a pro-enforcement legislature and citizenry.

Don't feel bad guys. This decision will only "piss-off" the beehive.

People are already mad here in Idaho. Our legislators worked hard to get the laws passed that they did, and along comes a bunch of jerk judges and undermines it.

There is a comment section at the link and I let 'em have it! My daughter had a stroke last fall and was refused every type of assistance that they applied for. It will take her and husband the rest of their lives to pay off the huge medical bills. And to add insult to injury, some of this illegal alien's health care will probably come out of my son-in-law's paycheck.