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

I'm sorry to hear about your daughter Tinybob. Hope she is doing well now.

And this IA now qualifies for "medical indigency assistance" and will soak Idaho & American taxpayers for many thousands of dollars.

These liberal Judges are way out of line, something needs to be done about them...but what? we need more control over these judges, right like we have any over anything else these days.

tinybob, it is a shame that the financial situation of your daughter's is what is happening to so many citizens and yet the illegal aliens can attain all types of free benefits. There is a bottom to the well of what the American people can afford to support all of these millions of illegal aliens. How judges, politicians, and special interests can keep taking from us and believing that the flow of money will just be there for anything and everything to give to law breakers is unbelievable.

Romans 5:8

Many countries have rules that you need to have money and insurance or someone that will cover these cost if you get in trouble before you can enter a country.

I thought we were one of those countries.

Who is seeing to it that this money is going to be recovered and these bills payed back?

Who is seeing to it that those that are not doing their duty in regards to our immigration laws are put in prison where they belong?


The article has a;
Comment Section Alert!

Illegal aliens have to be deported. Our laws can be limited to what they can do and receive here but only to a point. The law presumes that if they are here working in Ada County for example that no one objects to the residency. If a benefit is designed for the residents, there is no basis to exclude them. That's what the Supreme Court determined years ago with the children of illegal aliens in our public school system.

They have to be deported. All of them. We can't deport some and not deport others. That would violate the equal protection clause of the US Constitution.

They have to be arrested and deported. The Sheriffs need to get busy and every municipal and state agency needs to be required to report any that come their way. They may not be able to deny them all benefits, they can be required to report anyone here known to be here in violation of US and state laws, deport them and ensure they don't have to provide them benefits the rest of their lives.

Related story. It finally made it into an Idaho newspaper.

Idaho court: Residency doesn't hinge on immigration status

The Associated Press
Edition Date: 06/16/08

BOISE, Idaho — 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.idahostatesman.com/531/story/417291.html

This was in the comment section of the Idaho Statesman. The link he provided to verify this was the one wrong, and I am still trying to get the right one from him. But it sounds right. Earlier, I was on the phone with my Senator about this very story, and he, too was puzzled how this illegal alien could prevail after Idaho passing a law that says no social benefits to illegal aliens. If true, this guy's statements seem to clear this up.


If the Statesman would have actually read the opinion they would have noted that Justice Burdick specifically states at footnote 2 on page 4 of the opinion that, in 2007, the Idaho Legislature amended Idaho law to require proof of citizenship or lawful presence in order to receive most non-emergency medical indigency benefits.

The debate on this issue is closed. Counties are not obligated to pay for most non-emergency medical treatment of illegal immigrants. The Court's opinion did not change the law.

However, Sandoval's case stems from 2006, prior to the passage of that statutory amendment. Idaho law expressly prohibits the retroactive application of statutes. Therefore,the Court was required to follow the law as it then stood. Justice Burdick noted that, in 2006, the statute did not require proof of citizenship or lawful presence and that the fact that the legislature felt it necessary to adopt these statutes shows that the requirements they contain were not part of the statute at the time the Board was considering Sandoval's application. When used in the context of a statute or judicial opinion the word "residency" is a legal term of art and should not be equated with "citizenship."

The Court's interpretation and application of the law was correct. It was the Statesman's reporting of Justice Burdick's opinion that was flawed.

Here's the link to read the judge's decision. I would post the text, but as it's government, it won't let me.

http://www.isc.idaho.gov/opinions/sarmc34233.pdf

Thanks for the update tinybobidaho.

At least your new law isn't overturned.

Most of the time when we are paying the bills to have things done, we have a right to publish the fruits of our public servants work.

In this case it appears sort of difficult to copy and post this PDF file as text. I imagine we could find a way with a little determination.

I'm just glad that our new immigration laws that we are passing a little at a time, will hold up in the Idaho Supreme Court. This is a good example. I feel a whole lot better about this now.