Can California protect its immigration data from Trump? Dream on
http://image.dailynews.com/storyimag...h=400&maxw=667
FILE - Donald Trump. (File AP Photo/Evan Vucci, File)
By Susan Shelley, LA Daily News
POSTED: 12/13/16, 5:57 PM PST | UPDATED: 38 SECS AGO
How much does the government know about the estimated 11 million people who are in the United States illegally?
Quite a lot.
On Jan. 20, while President Obama and President-elect Trump are outside the Capitol for the Inauguration, the White House staff will be changing the furnishings in the Oval Office. A new president will have the keys to the federal file cabinets.
In California, Senate President Pro Tem Kevin de León says the Legislature is consulting its attorneys to make sure federal authorities can’t get access to state data for deportation proceedings. Assembly Speaker Anthony Rendon warned Washington, “You have to go through us.”
Not necessarily.
The Trump administration could try to force California to cooperate with federal law enforcement. The state has a lot of data on people who are in the U.S. illegally.
The Department of Motor Vehicles has issued more than 792,000 driver’s licenses to undocumented immigrants since January 2015.
In May, a new state law went into effect making an estimated 170,000 undocumented immigrant children and teens eligible for full Medi-Cal coverage. California was already giving full Medi-Cal benefits to undocumented immigrants with a deferral status known as PRUCOL — permanently residing under color of law, which a handful of states recognize for the purpose of granting public benefits, but the federal government does not. And everyone who is here illegally is entitled, based on income, to limited Medi-Cal benefits that cover emergencies and pregnancy-related health care.
The names, addresses and immigration status of all Medi-Cal recipients are on file with the state of California.
Local governments have databases, too. In Los Angeles County, people who are in the country illegally and therefore not eligible for health insurance under the Affordable Care Act can receive full medical benefits under a program called MyHealthLA.
And what about students? Currently, U.S. Immigration and Customs Enforcement has a policy of not taking action at “sensitive locations,” including schools, unless there’s an immediate threat of something like terrorism.
But California’s educational institutions have extensive records that the federal government could use for immigration enforcement, if the president chose to take the state to court to get access to the data.
Students who are in the country illegally can qualify in California for in-state tuition, scholarships and publicly funded financial aid. In the state’s community colleges, income-eligible students can receive Board of Governors waivers and pay no tuition. Names, addresses, income, immigration status — it’s all in the databases.
University of California president Janet Napolitano vowed that the system she runs will not enforce federal immigration law. She has already reserved $8.4 million in the budget for “undocumented student support” through the 2018-2019 school year.
But even if California locks all the file cabinets and swallows all the keys, so to speak, the federal government has its own data.
President Obama signed the executive order for Deferred Action for Childhood Arrivals (DACA) in 2012, and over 740,000 young people who were brought to the U.S. as children and lack legal immigration status have applied for the deferrals. One in three lives in California.
And then there’s the Internal Revenue Service.
To get a Social Security number, noncitizens have to prove their identity and work-authorized immigration status by showing current U.S. immigration documents like a Permanent Resident Card (Form I-551) or Employment Authorization Document (Form I-766).
But people who are in the country illegally can file tax returns without a Social Security number using an Individual Taxpayer Identification Number, or ITIN, that they can get from the IRS.
You might be wondering why anyone would want to do that.
Here’s why: ITIN filers can claim certain tax credits and receive a tax refund even if they didn’t owe or pay any income taxes during the year. One of these is the Additional Child Tax Credit. Individuals can receive refunds of thousands of dollars, mailed out on a debit card to the address on the tax return. You don’t even need a bank account.
The IRS has the name and address of everybody who filed a tax return with an ITIN.
Could the federal government use the IRS data in immigration enforcement?
You bet it could. But I bet it won’t.
More likely, we’ll see the new administration quietly threaten to use all its data and then negotiate with Congress and the states for whatever border enforcement measures and immigration laws the president supports.
The federal government has a lot of power. We’ll have to wait and see how the next president chooses to use it.
http://www.dailynews.com/social-affa...trump-dream-on