Substantial Cruelty Sanctioned by US Government
I read a New York Times article titled “Medicaid Wants Citizenship Proof for Infant Care.” It bothers me…a lot.
The Bush Administration announced that as part of a “new federal policy,…children born in the United States to undocumented immigrants with low incomes will no longer be automatically entitled to health insurance through Medicaid.”
When an undocumented woman has a baby in the US, the baby is automatically a US citizen. The socio-economic status of most undocumented folks means that the babies qualify for Medicaid coverage. “Under the new policy, an application must be filed for the child, and the parents must provide documents to prove the child’s citizenship.”
“Dr. Jay E. Berkelhamer, president of the American Academy of Pediatrics, said the policy ‘punishes babies who, according to the Constitution, are citizens because they were born here.’”
This policy represents the institutionalization of substantial cruelty. It is abhorrent that undocumented parents now have to file an application for medical care for their newborn children. An undocumented parent must choose to essentially disclose to the government that they are undocumented in order to receive medical care for their child.
The first aspect of substantial cruelty, according to Hallie, is that it maims someones dignity and crushes their self-respect. Having to choose between being possibly deported and the health of your child is an awful choice to have to make.
The second aspect of substantial cruelty is that its built into social institutions. The federal government is the most powerful social institution in the United States.
The third aspect of substantial cruelty is that it works at the edge of awareness. Most folks in the dominant paradigm – White, Middle Class, Educated, Heterosexual, Documented, etc. will never have to have their dignity stripped from them. In fact, they are protected by the same institution that is maiming and “othering” people in marginalized groups.
Lastly, substantial cruelty can only occur if a power disparity exists. Undocumented residents of the United States have almost no institutional power.
“Marilyn E. Wilson, a spokeswoman for the Tennessee Medicaid program, said: ‘The federal government told us we have no latitude. All states must change their policies and practices. We will not be able to cover any services for the newborn until a Medicaid application is filed. That could be days, weeks or months after the child is born.’”
“Dr. Martin C. Michaels, a pediatrician in Dalton, Ga., said that continuous coverage in the first year of life was important because ‘newborns need care right from the start.’”
Related posts:
One word: Barbaric.
Yet another reason to be disgusted by our government.
Amy
3 Nov 06 at 10:27 am
Having to choose between being possibly deported and the health of your child is an awful choice to have to make.
If you frame it that way, sure. But “undocumented” (i.e., illegal) immigrants can make a different choice and fully preserve their dignity. They can choose not to illegally immigrate to America.
Gaijin Biker
4 Nov 06 at 9:09 pm
@ Gaijin Biker,
How does your comment address this policy that will affect undocumented individuals and their children who are currently living in the US? New born children, born in the US of undocumented families are automatically given US citizenship.
I feel that this policy is racist, classist, and inhumane. I do not feel that folks who enter the US without documentation are doing so because they really have a choice. It’s very classist to state that immigrants have a “choice.” It’s usually about survival.
It’s a big difference from your choice to be a non-Japanese person living in Tokyo.
Eric Stoller
5 Nov 06 at 5:53 pm
Eric,
I would say we all have a choice. It doesn’t matter what your race or class is. Now your post stating.
“I feel that this policy is racist, classist, and inhumane. I do not feel that folks who enter the US without documentation are doing so because they really have a choice. It’s very classist to state that immigrants have a “choice.” It’s usually about survival.”
I would disagree, obviously those who come to the U.S. illegally chose to come here for a reason. Now you can call it survival if you like, but the fact remains if they are undocumented then they chose to break the law. It seems to me that this policy will help catch law breakers. Now don’t get me wrong there must be a better way to catch law breakers, after all punishing children for the illegal activities of their parents is not right. But then again I suppose the law breakers could have chosen not to break the law in which case this wouldn’t even be an issue.
As far as I’m concerned I do not care what your race, class, or whatever is, if you break the law you should be punished.
Joseph
8 Nov 06 at 1:51 pm
@ Joseph and all my white readers:
How many times do I have to mention to white people that race matters?
How many times do I have to mention the middle/upper class that class matters?
Choice is something that people who have institutional power get to talk about as if it’s thrown about like candy at a parade. People who are institutionally oppressed do not have the same choices.
The law is not a system that punishes people with institutional power. See US Federal Government et al. for reference. The law is part of the institutionalized system that maintains racism, sexism, heterosexism, etc.
The laws that target undocumented individuals and their families are racist and promote xenophobia.
Race does matter. Class does matter. Only those who are given privileges due to their status in the dominant majority have the ability to dismiss race and class or “whatever.”
*Please note, I’m a middle class white guy with a graduate degree. I grew up on a farm in the middle of conservative village.
Eric Stoller
8 Nov 06 at 2:15 pm
Eric and everyone else who thinks breaking the law is o.k.
So, are you saying that if one is poor and not white it is o.k. to break the law? The fact remains it is illegal to enter the U.S. without documentation. What other laws would it be o.k. to break? How about stealing? Selling drugs? My whole point was everyone has a choice, and you proved that everyone has a choice by choosing to claim that only white rich people have choices. So everyone can make a choice or are you claiming that only rich white people have free will? Or are you saying that P.O.C. do not have the ability to make choices for themselves?
Please note: I don’t care where someone is from, what color they are, or any of that stuff, I simply believe that no one has the right to break the law for any reason.
Joseph
9 Nov 06 at 5:16 pm
Joseph,
The laws protect white rich people. It’s part of white privilege. Only those with privilege can dismiss identities…
The law is not absolute or infallible. How many times has the law been changed due to racist policies which used to be accepted?
Eric Stoller
9 Nov 06 at 9:04 pm
How am I dismissing anyones identity? And do you really believe that laws only protect rich white people? And how is the Law requiring people coming to this country to be documented racist? If you wish to come to the U.S. to live the Law requires you to be documented, it doesn’t matter if you are from Europe, Canada, Japan, or wherever. So even if you are a rich white person coming to the U.S. to live you must be documented.
And as to the Law not being absolute, until a Law is changed it is absolute. And seeing as this particular Law doesn’t apply to only one group of people, but to all people who wish to come and live in the U.S. I fail to see how it is racist. So like I said before no one has the right to break the Law.
Joseph
10 Nov 06 at 2:46 pm
It has been my experience that only someone who is white, heterosexual, temporarily able-bodied, middle class, and a man, would ever state that they:
Privilege blinds members of the dominant paradigm to the importance/meaning of identity.
Folks who identify with an identity that is marginalized, do not have the luxury to dismiss their identities because its part of their daily experience.
For the most part, I feel that laws exist to maintain the status quo. The status quo is maintained by individuals who are members of groups with significant privileges over folks who are marginalized.
Sometimes I wish this blog existed in a closed forum…anti-immigration laws and/or laws which affect undocumented people are generally racist and classist because in large part, they target BROWN people who do not make a lot of money. A rich white person can become a documented citizen of the US far easier than someone who has moved to the US to try to feed their family.
Unfortunately, xenophobia is alive and well in this country.
Eric Stoller
12 Nov 06 at 9:16 pm
So pretty much your whole argument is that since I feel that no one has the right to break the Law I must be a xenophobe. How exactly does that make me a xenophobe?
Ummm is this some sort of argument:
“Privilege blinds members of the dominant paradigm to the importance/meaning of identity.”
What kind of argument is that? If I formed a group to share the importance and meaning of being white you would call me a no good racist.
So, some how my arument that “we should treat all people the same” is xenophobic and racist? Can you explain to me how treating everyone the same is xenophobic and racist?
Joseph
14 Nov 06 at 5:14 pm
@ Joseph,
You hit the nail on the head…in this country “we” do not treat everyone equally. Therefore, stating that everyone receives the same treatment actually covers up the inequalities that exist in this country. The Medicaid policy is racist because it targets undocumented individuals who are most likely Latino.
Who makes and enforces the laws in this country?
Do People of Color make the laws in this country? Do atheists? Do people with disabilities. Do folks who identify as Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, or Intersex? Do people with high financial need?
The law is part of the institutionalized systems of oppression in this country. If you have time, please read The Common Elements of Oppressions by Suzanne Pharr.
Did you ever wonder how I knew you were white?
It took me a long time to answer the question: what’s good about being white?
I came up with an answer that sits well with my soul. I get to be an anti-racist educator/activist.
How would you define the importance or meaning of being white?
BTW, I didn’t say that you were xenophobic. I said that “Unfortunately, xenophobia is alive and well in this country.”
Eric Stoller
14 Nov 06 at 5:32 pm
When it comes to creating the Laws of the U.S. I would say we all have a hand in it, provided you vote. It is our elected officials who make policy changes, which translates into the will of the people. And last time I checked we actually do have elected officials who are not white, who are homosexual/Lesbian, people with diabilities(hmm we’ve even had a few presidents with disabilities, FDR and JFK come to mind). As for the enforcement of the Laws last time I checked there are people of all colors and back grounds working in Law Enforcement. And I still do not see how the Medicaid policy is racist, because it does not only target illegal immigrants of Latino decent, it targets everyone who is in the U.S. illegally or undocument if you prefer. Now if this policy only applied to undocumented immigrants of Latino decent I would agree with you completely. It seems you want to give the undocumented immigrants a free pass, that is what I can not agree with, if you break the Law you deserve to be punished for it. However I will agree that the penalty of this policy is rather high.
Joseph
15 Nov 06 at 1:23 pm
Undocumented individuals cannot vote. Therefore, they do not have the institutional power to affect change. You are absolutely correct about folks with marginalized identities holding political offices. However, the dominant institutional power political paradigm still consists of heterosexual, white, men, middle to upper class, temporarily able-bodied, and Christian.
The majority of undocumented persons in the United States are Latino. If the majority of undocumented individuals in the US were Canadian, I do not think that policies like this one would pass. So, to sum up, this policy is racist because it targets undocumented people who are 99% certain to be Latino. It’s part of a process called “othering” in which a persons dignity is stripped from them and they are turned into the “other.”
I feel that this comment thread has been very worthwhile to both of us. I’m glad that you have continued to engage in a dialogue with me.
Eric Stoller
7 Dec 06 at 7:27 pm
Eric,
I have no problem engaging in dialogue, you are however the only person I can think of who has not issued a personal attack of some sort towards me for my opinions. It is nice to be able to disagree with someone who doesn’t make personal attacks.
Hmmm I take your point on undocumented people not being able to vote. But I see no problem with that. IMO I do not think someone who broke the law in coming to the U.S.A. deserves the privilege of voting. When someones breaks the Law the are not rewarded with special privileges. And those here illegally their first act in the U.S.A. was to break the Law.
Joseph
13 Dec 06 at 3:15 pm