Idaho Supreme Court: Illegal Immigrants Can Be Legal Residents
A recent decision from the Idaho Supreme Court could mean good news for illegal immigrants in need of medical care in the United States. In a 4-1 decision, the Court ruled that a Mexican citizen, Javier Ortega Sandoval, legally qualified as a resident of Idaho, even though his immigration status is illegal.
According to the Idaho Press-Tribune, state laws allow hospitals to seek money from the county and state when patients are indigent and therefore unable to pay for procedures. The catch is that the indigent patient must be a resident of Idaho, which means that he must have lived in the state for at least 30 days with the intention of living there permanently.
Residents, then, don't include college students, seasonal workers, vacationers, etc. But, as of 2007, Idaho law also reportedly states that undocumented immigrants are ineligible to receive public assistance, except in emergency cases (including injury, childbirth, care for newborns, etc.).
Ortega Sandoval's case proves interesting because, when he had a stroke while working at his job with a landscaping company, he was evidently both a state resident and an illegal immigrant. And he couldn't afford his bill.
Sources indicate that the hospital bill for Ortega Sandoval's two-week stay came to $187,000, a formidable price tag no matter what your immigration status. While in the hospital, he apparently applied for emergency medical assistance, but saw his petition denied because of his illegal status.
The hospital, which risked not receiving payment for its services if the state and county didn't step in to pick up the bill, sued Ada County for the cost of the procedures. It seems that the legal argument put forth by lawyers representing the hospital was that Ortega Sandoval met the legal requirements for residency, regardless of his immigration status, and so qualified for public assistance.
A court reportedly ruled against the hospital, adhering to the laws governing eligibility for public assistance, which exclude illegal immigrants.
An appeal to the state Supreme Court, though, resulted in a 4-1 decision in favor of the hospital - and of all illegal immigrants in need of expensive medical attention. Though many immigration activists have evidently praised the decision for being just and clearly within the law, feathers were ruffled all over the state because of the politically charged nature of the two issues involved - immigration and health care.
Sources note that Idaho officials do not have an estimate of how much money is currently spent on medical care for illegal immigrants, because recordkeeping for such records doesn't include immigration status of the residents served.