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Nina Bernstein, New York Times, Aug. 19

New York State cannot give low-income people who are elderly, blind and disabled less benefit money just because they are immigrants, even though the federal government has stopped paying its share, a state judge ruled in a decision released yesterday.

The decision restores higher aid payments to thousands of disabled legal immigrants, many of them elderly refugees who were facing eviction after being cut off from federal and state disability benefits because they had not become United States citizens within a seven-year period set by Congress.


The coalition of lawyers for the poor who brought the class-action lawsuit last December estimate that the state will owe a total of less than $1.5 million in retroactive payments to 487 refugees cut off during the last two years, and as much as $3 million a year for 2,000 refugees likely to reach the cutoff at some point during the next six or seven years, unless Congress extends the aid.

The decision also makes the state liable for providing additional aid to other legal immigrants who are disabled or elderly but now considered for only the lowest level of public assistance, typically $352 a month. A citizen in the same circumstances receives $666 monthly, the standard of need set by state law for the disabled. To reach that amount, the state adds $87 to what the federal government pays in federal Supplemental Security Income, or S.S.I.

That $314 difference, based only on their not yet being citizens, violates both the federal Constitution’s guarantee of equal protection and the state Constitution’s requirement that the state help the needy, Justice Solomon wrote, echoing a 2001 decision by New York’s highest court that struck down a similar state restriction on nonemergency Medicaid coverage for the immigrant poor.


Original article

(Posted on August 22, 2005)

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That’s right Judge. I a few years, we are going to use your pension money to re-imburse the money you seized from American citizens. You need to bag groceries in your retirement.

Posted by Tim2 at 6:11 PM on August 22


I see this as good news. The more local jurisdictions are burdened by immigration, the more they will agitate the feds to do something. If the feds picked up the tab, then the state & locals would say, “y’all come”.

Historically the states have always been more tough on immigration than the feds. The more we put locals in a vise with respect to immigration, the more chance they will start to make Washington do something.

Posted by Roger at 7:42 PM on August 22

unbelievable. Congress says it’s okay to cut them off after seven years- which was a gift in the first place since they were not allowed to get it before that idiot Paul Wellstone obtained for the Hmong who just can’t seem to learn English.

Here’s a kicker for you all- if you are an immigrant, over 45 and cannot speak english, guess what? The Feds consider you to be “permanently disabled” and you get SS disability payments!!!

Ain’t it grand?

Posted by RobertB at 7:49 PM on August 22

I am beginning to detest immigrants(legal and illegal) and their so-called rights to all the freebies they never paid into. They do not belong here and will never be an “American” in my eyes. No non-white is an American. Like it or not, that is the truth. It is the traitors and the corrupt in our government that gave them that “piece of paper” to begin with. It means absolutely nothing. An American has to be BORN into the group(whites) to make them an American. Just as any other race is born into that race for a reason, we were born as white for a reason. It did not happen by chance as some want us to believe. AND America was, is and always will be a White Nation. This is NOT America, what we have here now. Once the Whites are gone, there will be no such thing as America. End of story.

Posted by betty at 2:22 PM on August 23

These jackasses like “Solomon” didn’t care if bankrupted the schools when made all their twisted rulings against the citizenry! Once we get their hands out OUR POCKETS ……

There will be ways to get even!

We can be very creative!

Keep on fighting!

Time to pay for all those benefits by ethnic tribes and surnames

only for same!

Posted by Alex at 7:42 PM on August 23

Alex seems to have something of interest to say. I just can’t figure out what it is.
Would appreciate if he explained further

Posted by george at 7:05 PM on August 29

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