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Jessica Gonzalez-Rojas

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Latinas At The Intersections: Immigration, Health Care, And The Supreme Court

Posted: 05/29/2012 7:12 am

The Supreme Court will soon issue decisions on the constitutionality of the Affordable Care Act health care reform law and the harsh Arizona anti-immigration law SB 1070--two laws that have already had far-reaching consequences for Latinas and could continue to shape our lives for years to come. Each case is complex, and potential outcomes are many. But regardless of how the Court rules in each of these cases, there is no doubt this is a profound moment in our civil and human rights history--one that will impact our collective efforts toward a more just and humane society.

Too often, debates around health care and immigration lack a gender perspective. The issues that define the women's rights movement of today are inexorably tied to these two Supreme Court decisions, not because they specifically speak to gender bias, but rather because the outcome of these decisions defines the societal structures that will oppress or empower women. As Latinas are increasingly cut off from health care, educational and economic opportunities, and reproductive rights, we must use a gender lens to reexamine priorities and solutions across movements.

A chorus of policymakers, advocates, and faith leaders around the globe already champion health as a human right, and some nations have even enshrined this right in their constitutions. But in the United States, health is still treated as a luxury not a right. Today, one in three US Latinos is uninsured--more than any other racial or ethnic group. Latinas face substantial additional obstacles in accessing health care, such as employment, income, immigration status, and language barriers. The result is poor health outcomes, including high rates of cervical cancer, HIV/AIDS, and other serious issues.

Latinas across the country are fighting back. Our Latina Advocacy Network (LAN) in the Texas Rio Grande Valley holds juntas comunitarias (community meetings) on a daily basis to discuss the destructive cuts to women's health services in Texas and to bring attention to the promise of the Affordable Care Act in restoring health and dignity for women in Texas. While the Affordable Care Act doesn't solve all of the problems Latinas face, we know that by putting women's health first we'll take a step toward substantial improvement in health care access for all.

These meetings are also an opportunity to empower women to act as their own advocates. Lucy Felix, NLIRH organizer, always starts the conversation at these meetings by asking women one simple question: "Who is the most important person in your life?" After waiting for replies that include their mother, siblings, children, and partners, she proclaims, "It should be you!"

As Lucy holds these meetings in Texas, our Latina sisters in nearby Arizona face their own set of challenges, including one of the harshest immigration laws in the nation. The Supreme Court will soon decide whether that law should stand; at issue are provisions that criminalize the mere presence of undocumented immigrants and authorize racial profiling by law enforcement. This law creates a hostile environment where Latinas are targeted by the criminal justice system rather than protected by it. Adding insult to injury, the passage of SB1070 and copycat laws across the country has also been accompanied by a flood of troubling anti-immigrant rhetoric.

Laws like SB1070 have a direct impact on women's health care, as well. Once a woman has been detained, she can expect to face the brutal conditions of detention centers. Women have been separated from their children, forced to give birth in shackles, put at high risk for sexual assault and denied access to medical care. Anti-immigrant state laws and detention policies are not only an intrusion on immigrant women's rights, they are an intrusion on all women's health and dignity.

Immigrant women are the backbone of our community. Their health and opportunities affect their ability to provide for and care for their parents, children and partners, and fulfill the dreams for themselves and generations to come. Health care access and the ability to live in a community free from stigma and bias that leads to harmful and even deadly state action are human rights issues.

How the Supreme Court decides these two landmark cases will deeply influence Latinas' ability to keep themselves, their families, and our communities, healthy. Regardless of the ruling however, NLIRH will continue to work toward a comprehensive movement that will reduce racial and ethnic health inequities, that will ensure reproductive health access for Latinas, and demand that all women, regardless of race, ethnicity, or immigration status, have the opportunity to live healthy lives free from mean-spirited bias and attack.

 
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HUFFPOST SUPER USER
Robert SF
11:10 AM on 05/30/2012
Hispanics need to decide which side of the fence they're on. Any Hispanic who advocates for illegal immigration should acknowledge they are not American, and that they're trying to destroy America by bringing "their people" to feast on the carcass.

We don't have that with Asian immigration. Asians come here, and they're done with Asia. They're not going back. They have no loyalties back home. They're glad to be out of that hellhole and into a civilized world. Hispanics need to emulate that.
06:29 PM on 05/30/2012
If you knew anything about the history of Asian countries you wouldn't refer to them as uncivilized.You must have missed Naill Ferguson's recent TV documentary on western civilization.
10:39 AM on 05/30/2012
In the past "Public Health" was developed to protect everyone in America. It mattered not if the individual with a disease was undocumented, under age, their religion, their financial status, their sex, etc.; the principle was to stop the spread of disease. Public Health was prevention and the "Cost Savings" have always been known. Therefore, no one debated immunizations, condoms, health educational programs, food inspectors, prenatal care, etc. Public Health saved money and prevented others from getting sick or having health problems that became more costly without treatment.

Any arguments against these preventive programs results in a situation of Cutting off your nose to spite your face and in the end will result in more illness and problems. It is a shame that we can't learn from our history and understand why these programs were developed by intelligent people in the past. "Going Back" as the "Conservative" Republicans want will result in more illnesses, suffering, hunger, deaths, uneducated, crimes, and homeless people than there are now in the US. When the statistics start showing up probably 10 to 20 years from now we will all say "what happened?" and hopefully history will repeat again and we will rebuild the programs. Doing away with prevention and social services provides a quick economic "fix" that years later leads to a deficit.
06:32 PM on 05/30/2012
Why should I pay for your prenatal care ? Don't get anyone pregnant if you cant afford medical care. We have too much not too little govt assistance.
06:14 AM on 05/31/2012
You missed the point. Not providing prenatal care many times results in a more complicated birth which costs you more than the prenatal care would have cost.. The lack of prenatal care many times results in a child with physical or mental problems that costs you more during your lifetime. Therefore, not paying for prenatal care for those who can't afford it results in you paying more money in taxes, health insurance, hospital costs, etc.
HUFFPOST SUPER USER
andreabeth7
07:35 PM on 05/30/2012
At the time the US Public Health system was developed, there were not 12+ million illegal aliens from various countries, mainly south of the border, illegally residing in the US. Frankly, I doubt the early public health pioneers ever dreamed that the day would come that the public health system would be expected to provide free care to over ten million people who had no business being in the US in the first place. The fact that they are not specifically excluded does not mean that the people who built the system intended for them to be able to mooch off it.
Any ill illegal alien should be treated until they are medically stable enough to be returned to their home country. They should them be sent home by any means necessary up to and including air ambulance.
HUFFPOST SUPER USER
andreabeth7
01:46 AM on 05/30/2012
"Once a woman has been detained, she can expect to face the brutal conditions of detention centers."

Tell it! Don't stop now, Latina. Whine some more about the brutal conditions of THIS detention center. Too bad homeless actual American citizens will not be treated to luxurious digs like this.

"KARNES CITY, Texas -- With free Internet access, cheap overseas phone calls, private bathrooms and no lights-out policy, the new immigration detention center in this isolated corner of South Texas would hardly seem like a prison if not for the electronically locking doors and reinforced-glass windows."
"Guards don't carry handcuffs, and they're not even referred to as guards, but rather, "assistance staff." There's no wall around the facility, and the exterior is painted a crisp royal-blue and burgundy. The dorm-style rooms have four bunk beds, a private bath, television and phone, which inmates can use to make international calls at just 15 cents a minute – a rate mostly unheard of outside. Detainees can stay up all night if they want, or even wander into common areas while everyone else sleeps."
"The Karnes facility's gym has weight-lifting equipment, a soccer field, indoor and outdoor basketball courts and sand and nets for beach volleyball. There are 117 pay phones, a law library, microwaves, board games and washers and dryers so inmates can do their own laundry."

http://www.huffingtonpost.com/2012/03/14/feds-unveil-reform-minded-detention-center-texas_n_1345338.html
HUFFPOST SUPER USER
nasknit
Freedom isn't free.
09:46 PM on 05/29/2012
"Anti-immigrant state laws and detention policies are not only an intrusion on immigrant women's rights, they are an intrusion on all women's health and dignity." How about the intrusion on MY rights, and my fellow citizens rights, by forcing US to Subsidize the lifestyle to which illegal aliens would like to become accustomed?
08:31 PM on 05/29/2012
"harsh Arizona anti-immigration law SB 1070"

To immigration law opponents, EVERY immigration law is "harsh". Do you support any immigration law? Do you support any form of its enforcement? Do you believe in accountability to immigration law or should people just be allowed to violate it with impunity?

"provisions that criminalize the mere presence of undocumented immigrants"

Nothing in 1070 criminalizes the mere presence of unlawfully present aliens. That would never get off the ground.

"and authorize racial profiling by law enforcement"

Actually, 1070 establishes a higher standard than what is allowed by Supreme Court decisions.
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inthedesert
Those who never question will fall for anything.
12:34 PM on 05/30/2012
Great post! What you say is so true.
HUFFPOST SUPER USER
Yolinda Beach
Relax, today is a good day, it only gets worse fro
05:11 PM on 05/29/2012
Illegal aliens from Mexico take jobs from US citizens and drain our social services. All illegal aliens should be deported.
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nasknit
Freedom isn't free.
09:46 PM on 05/29/2012
Fanned & faved!
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HUFFPOST SUPER USER
Buzzm1
04:51 PM on 05/29/2012
illegal remains illegal

illegals have absolutely no right to be in our United States
HUFFPOST SUPER USER
MUDPUPPY
04:07 PM on 05/29/2012
Latinas that are here legally and have their citizenship are Americans and they and everyone else should consider them Americans. Those that came here illegally should not have the same rights as those that are our citizens.
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Snake1994
Snakebite!
01:58 PM on 05/29/2012
Jessica, let me correct you in the first paragraph, It's Arizona's anti-illgal immigration law SB1070. If you are an illegal alien in the US, authorities have the right to arrest and deport you, because we are a nation of laws.
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HUFFPOST SUPER USER
Jorge Escondido
04:08 PM on 05/29/2012
The truth. Gotta love it.
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inthedesert
Those who never question will fall for anything.
12:35 PM on 05/30/2012
Right on!!!!
01:34 PM on 05/29/2012
I certainly respect fighting for the rights of women who need health care, that cannot afford it, but who in the end pays for it? As a mexican american, I am as humanitarian as most citizens of this country, who at times will take off their shirt and give to those who need it. In order to provide the best health care for undocumented folks, we need to know who they all are, in order to focus better on immigration issue's. Whether, I do or do not want to admit it, they are the reasons we chicano's are being profiled as illegals throughout the southwest, even though we contributed greatly to the growth of the here nation since its inception...Please, your concern is greatly appreciated for women's care and I hope you continue your work concerning immigrants
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voyager48
Illegitimi Non Carborundum
02:12 PM on 05/29/2012
The reason Hispanics feel persecuted is because they continue to take it personally when any Hispanic is arrested for being here illegally. This is the fundamental source of bigotry not the provisions of ourt federal law or for that matter laws like SB1070.

As a bloc, Hispanics insist on making about race and then complain bitterly that it is a racial issue.
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HUFFPOST SUPER USER
ugly american
"I drank what?"- Last words of Socrates
11:06 AM on 05/29/2012
American Hispanics have the same problems with healthcare as other Americans. For years in the US racial equality has been the rule; when any race suffers all others suffer along with them. Unfortunately, Obama's healthcare reform doesn't really do much for Americans and alot more for corporations. We can only hope tweaks to it would make it better in the future if it survives the Supreme Court.
SB1070 is another matter. Nowhere does it mention race, as much as illegal aliens and their allies would like it to. This is why profiling was never a question to be argued for it. That most of the illegal aliens affected would be of one ethnicity is actually their own doing. Still that doesn't give them any more rights than if they were all of another ethnicity. There is no reason any ethnicity should be given special rights over everyone else and there is certainly no reason to do it for foreigners no matter where they are from.
Healthcare is more dodgy than SB1070 on being approved. Americans are sure they want illegal aliens to leave but not so sure they like HCR the way Obama has framed it.
If the SCOTUS rules favorably on SB1070 there will be more laws like it throughout the nation and then all the protests and lawsuits Mexico can finance won't make a difference on changing them. Latinos still won't be granted or denied rights any more than other Americans.
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HUFFPOST SUPER USER
lefreak79
11:05 AM on 05/29/2012
WHY ARE SO MANY LATINOS AGAINST ILLEGAL IMMIGRATION?!?! IT DOESN'T MAKE ANY SENSE. IF YOU ARE BORN HERE AND ARE LATINO, THEN YOU BETTER GET SCARED AS THE ILLEGALS (YOUR SO CALLED BROTHERS AND SISTERS FROM SOUTH OF THE BORDER) EAT UP ALL THE SOCIAL SERVICES, SMALL JOBS, CONSTRUCTIONS, ETC., ETC. STOP STICKING UP FOR PEOPLE JUST BECAUSE THEY ARE OF THE SAME BLOOD LINE!!!! USE YOUR GOD-GIVEN BRAIN AND SIDE WITH WHAT'S RIGHT. ILLEGAL IMMIGRANTS DO NOT DESERVE TO DEMAND HEALTH CARE AND SOCIAL SERVICES!! THAT'S IT.

AL SANCHEZ
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voyager48
Illegitimi Non Carborundum
02:33 PM on 05/29/2012
I think you meant why are so many Latino's actively promoting and supporting illegal immigration? 1 in every 5 Hispanics are here illegally so sure it is superficially a Latino issue.

Hypothetically if statistics showed that say 1 in every 5 Americans of Italian descent were car thieves would that then cause all Italian Americans to stand behind and defend all car thieves and at the same time make make car theft a racial issue?

Minority rights derive from laws not the other way around. Applying double standards to eviscerate any one law diminishes them all. If they truly want a lawless society then they should all go to Somalia not the US!
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HUFFPOST SUPER USER
ugly american
"I drank what?"- Last words of Socrates
02:53 PM on 05/29/2012
Well said, Al. A bit loud perhaps, but well-said never the less. Fanned and faved.
09:22 AM on 05/29/2012
No illegal alien in this country should be provided health care of any type at the expense of American taxpayers - this includes women, children and the elderly illegal aliens. If they are expecting free ENTITLEMENTS, who in America wants ME to pay for healthcare while they get a free ride? America is NOT free - America is bankrupt. Please go to your own country to demand your rights. American taxpayers are sick of taking care of illegal aliens.
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nasknit
Freedom isn't free.
09:51 PM on 05/29/2012
Well said!
07:26 AM on 05/30/2012
This publication dates back a few years, but imagine what the figures are NOW. Please take time to protest this to your government representatiive (unless, of course, they are on vacation.) They waiting room for Parkland Hospital consists ONLY of non-whites. We pay, the illegal aliens get the treatment.

http://www.sodahead.com/united-states/unbelievable-anchor-babies-in-just-1-hospital-parkland-memorial-dallas-tx/blog-348947/?page=6
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andreabeth7
01:33 AM on 05/30/2012
We are required by law (EMTALA) to provide emergency medical care. That being said, that care should consist of a) stabilizing the illegal alien patient's condition and b) as soon as medically possible returning him or her to their home country by whatever means necessary up to and including air ambulance.

The EMTALA is somewhat like the 14th Amendment. It's initial purpose was to insure that indigent patients were seen by ER personnel and had their condition stabilized prior to transfer to a county hospital if one was available. It was never intended to serve as cover for wholesale abuse of our ER system by illegal aliens. It is difficult to believe but at one time in the not too distant past the Emergency Care system of CA was the finest in the nation. Now we watch as it is dismantled piece by piece.
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HUFFPOST SUPER USER
FranklySpoken
I cannot believe you said that…
12:31 PM on 05/30/2012
Andreabeth7: Yes, remember public education in California WAS the best in the nation. Now, we are closer to the bottom. You cannot swamp any system with a large group of people that do not significantly contribute to the support of the system. Basic Economics