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Immigration law ignites fear in Arizona

A new state law requires public workers to report illegal immigrants who apply for benefits they aren't entitled to. The attorney general will decide the law's scope.

January 01, 2010|By Nicholas Riccardi

Reporting from Tucson — Cristina, an illegal immigrant living in South Tucson, recently went to a government office to sign up her children for a state-run Medicaid program.

The boy and girl, ages 7 and 3, respectively, are U.S. citizens and entitled to the benefits. But Cristina, who spoke on condition her last name not be used, was fearful. She'd heard of a new state law requiring public workers to alert Immigration and Customs Enforcement when illegal immigrants apply for benefits they are not legally entitled to.

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So when workers asked Cristina, 32, for identification, she fled. She now says she has no way to treat her daughter's liver problems or her son's asthma and impacted tooth.

Cristina, a single mother and part-time house cleaner, is even reluctant to take her children to a hospital emergency room. "I feel so alone," she said.

The new law has terrified the immigrant community here, leading to agonized discussions at schools, churches and community meetings about whether it is safe to get government help in Arizona. The author of the law, state Sen. Russell Pearce, is happy about that.

"I have a hard time having compassion for criminals," Pearce said. "It's about time people started being afraid."

Pearce contends that a large number of illegal immigrants improperly receive public benefits, and his law makes it a misdemeanor for a public worker to fail to report one. The law also allows citizens to sue public agencies if they believe immigrants are receiving improper benefits.

"I want the law enforced," he said. "Every time you pass something it becomes a toothless tiger." He acknowledged that his bill is not supposed to apply to people like Cristina's children, who are legally entitled to federal benefits.

The law took effect in late November, and it is not yet clear what government services it applies to. Some fear it could mean libraries and fire stations are obligated to report illegal immigrants, an interpretation Pearce said is silly.

He said the bill applies only to a range of welfare, Medicaid and other government aid programs that are not already guaranteed to illegal immigrants under federal law.

But many Arizonans are awaiting an opinion from the state's attorney general on the law's scope and which government workers are obligated to report illegal immigrants.

Critics of the law say it creates fear and uncertainty over a problem that doesn't exist.

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