As Title 8 (§ 1611) of the U.S. Code indicates, “Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes.” For this reason, federal law stipulates that:
1) “aliens within the Nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families”; and
2) “the availability of public benefits not constitute an incentive for immigration to the United States.”
Self-sufficiency
• Encourage high-skilled legal immigration
Success in the global economy is based on knowledge and skills. This explains why U.S. immigration policy (until 1965) historically favored skilled workers over unskilled workers. Incentives that encourage low-skilled, uneducated workers to move to North Carolina are bad for the economy and also contradict the state’s current educational policies, which emphasize the attainment of job skills and a college education.
• Eliminate all optional state and local public benefits for illegal aliens
North Carolina is obliged by federal law to offer certain public benefits to illegal aliens. Other programs, such as WIC, are optional.
• Require state and local agencies to verify the citizenship of applicants for public benefits
Several states across the country, including Georgia, now require state and local entities to verify citizenship or lawful presence before providing public benefits to qualified applicants. The federal SAVE (Systematic Alien Verification of Entitlement) database exists to facilitate the verification process.
• Make English the official language of public business
In 1987 the General Assembly declared English to be the “official language of the state of North Carolina” (G.S. § 145-12). Yet, English is not the exclusive language of state government business. To the extent permitted by federal law, state employees should conduct all official business in English. Such a policy would not only save money, but encourage new immigrants to learn English and discourage illegal aliens from applying for public benefits.
• Disqualify seasonal agricultural workers from state unemployment benefits
Contrary to the Federal Unemployment Tax Act, North Carolina law extends unemployment benefits to seasonal agricultural workers (SAW) who are not U.S. citizens. By contrast, the state does not grant such benefits to H-2A (temporary agricultural) workers – essentially because such workers cannot seek permanent legal residency in the United States, whereas SAW workers can. In conformity with federal practice, the state should deny unemployment benefits to both SAW and H-2A workers.
Transparency
• Require hospitals to report expenditures on uncompensated illegal alien care
Under the terms of the Medicare Prescription Drug Improvement and Modification Act of 2003 (MMA) hospitals are authorized to indirectly inquire about the legal status of emergency care patients. This information should be provided to the state so as to better assess the true costs of providing healthcare to illegal aliens.
• Require schools to record the legal status of all students
Although current U.S. law requires North Carolina to provide a K-12 education to illegal aliens and the children of illegal aliens, the state is free to inquire about the legal status of any student, as long as the policy is applied to every student.
• Create an Illegal Immigration Task Force
Both taxpayers and state policymakers alike need to have a better idea of how much the state is spending on services for illegal aliens. The General Assembly should create a study commission charged with answering the following questions: 1) How many illegal aliens are in North Carolina?; 2) What is the impact of illegal immigration on state resources?; and 3) What actions can the state take to address the problem of illegal immigration?
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Benefits to Illegal Aliens |
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Federal law prohibits the states from denying certain benefits to illegal aliens. On the one hand, illegal aliens are ineligible for food stamps, Supplemental Security Income (SSI), and means-tested programs, such as Medicaid, Temporary Assistance for Needy Families, and the State Children’s Health Insurance Program (NC Health Choice). On the other hand, illegal aliens are eligible for Emergency Medicaid, in-kind emergency disaster relief, immunizations, and school lunch programs. Moreover, public and private nonprofit agencies that receive federal funding are authorized to provide illegal aliens with a variety of in-kind services, including food, housing assistance, crisis intervention, and a variety of medical, public health, and mental health services. |