Next battleground on illegals: State aid
By Brad Bumsted
STATE CAPITOL REPORTER
Thursday, August 9, 2007


HARRISBURG -- Just weeks after a federal judge struck down Hazleton's ordinance on illegal immigration, the state Senate's top Republican on Wednesday announced that he is pushing legislation to prevent illegal aliens from receiving state benefits in Pennsylvania.
"This is a straightforward matter of Pennsylvania citizens not having to sacrifice their hard-earned dollars to subsidize immigrants who are in this country illegally," said Senate President Pro Tempore Joe Scarnati, a Jefferson County Republican.

States must act "because Congress continues to do nothing on this," Scarnati said. Scarnati introduced the bill in March but said yesterday he is pursuing the legislation as priority this fall to prohibit illegal immigrants from receiving benefits such as welfare and Medicaid.

U.S. District Judge James M. Munley last month struck down Hazleton's ordinance, which imposed penalties on landlords who rent to illegal immigrants and businesses that hire them. The ruling was interpreted by some as meaning that immigration is the sole purview of the federal government.


But Scarnati said he believes the state can legally restrict state benefits to illegal immigrants.
It's not clear how many illegal aliens are receiving state benefits or how much that is costing taxpayers. Scarnati said the cost has been estimated at $285 million in Pennsylvania by a group opposing illegal immigration. Recent studies show about 100,000 illegal immigrants living in the state, the senator said.

Stacey Witalec, a state Department of Public Welfare spokeswoman, said federal law already requires that the state verify the citizenship and identity of applicants for medical assistance. A Pennsylvania Higher Education Assistance Agency spokeswoman said there aren't any illegal immigrants receiving state grants or loans.

"Does he (Scarnati) have a plan for what he's going to do? Is he going to kick them out of the state?" said Rep. Jake Wheatley, D-Hill District. "As long as they are in the state, we have a responsibility to deal with them."

Wheatley called the legislation "a simplistic approach to a complex scenario that's a national issue."

Scarnati's concept is not new. Rep. Daryl Metcalfe, R-Cranberry, pushed similar legislation. But Metcalfe serves in the minority in the state House. Republicans control the Senate, and Scarnati is one of the most powerful lawmakers in Harrisburg.

Scarnati's prominent position appears to ensure some exposure and action on the issue this fall.

"They can pass what they want (in the state Legislature), and if someone wants to challenge it, they can. That's the way it works," said Bev Cigler, a political science professor at Penn State's Harrisburg campus.

"It's state by state, judge by judge," she said.

Thomas Baldino, political science professor at Wilkes University in Wilkes-Barre, said he believes the Hazleton ruling "was clear that immigration is primarily and strictly the federal government's domain."

Many other states are trying to enact laws restricting benefits to illegal immigrants, he said.

"The state is attempting to fill in where the federal government has failed," Baldino said.

Scarnati said he decided to pursue the legislation after negotiating the recent $27.5 billion state budget. Three state agencies account for the bulk of state spending: the Department of Public Welfare, Education and Corrections.

"If we don't get our arms around DPW, Corrections and Education, we'll never get spending under control," Scarnati said. "It's an issue of fairness ... and of dollars and cents."

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