Appeals Court Strips Prenatal Benefits for Illegal Immigrants
By Larry Neumeister, Associated Press Writer
Originally published by The Associated Press, May 23, 2001
NEW YORK (AP) — Pregnant illegal immigrants can be denied taxpayer-funded prenatal care even though their babies later become eligible for Medicaid when they are born in the United States, a court ruled.
The 2nd U.S. Circuit Court of Appeals decision Tuesday wiped out a 1987 injunction barring the denial of prenatal care benefits to illegal immigrants in New York State.
In its 56-page decision, the appeals court said it was forced to declare the benefits unconstitutional because Congress had made clear in the Welfare Reform Act of 1996 that it wants to eliminate the benefit to discourage people from coming to the United States illegally.
However, the appeals court also concluded that the children were eligible as Americans to receive Medicaid benefits when the are born in the United States.
The 2nd Circuit said it expected many women will illegally immigrate so their children can be American citizens whether they get prenatal care or not. Still, it added, "Congress is entitled to suppose that the denial of care will deter some of them."
The court noted that furnishing prenatal care "is vastly more cost-effective" than treating children's ailments that can result from a lack of it. But congressional discretion, "even if dubious," was extremely broad when it came to immigration law, the ruling said.
"We're terribly disappointed," said Scott A. Rosenberg of the Legal Aid Society, which first brought the lawsuit that was later backed by the New York City government. "The fact is that this prohibition does little or nothing to discourage illegal immigration."
Rosenberg said he did not know if the ruling will be appealed.
Representatives of the city and the U.S. Justice Department, which opposed the lawsuit, said they could not comment until the ruling is studied.
