Racist laws which effect Hispanic Health Care
Annotated Bibliography
Keith James
The University of Dayton School of Law
Spring 1997
Introduction
This annotated bibliography is designed to point out sources
dealing with laws which effect the quality of Hispanic
health care. Hispanics are a significant minority group in
this country, and have suffered from discrimination. The
discrimination has been especially fierce in the form of
legislation.
There is fear that Hispanic immigrants are draining all
of our resources; so legislatures set out to restrict
Hispanic immigrants' access to health care and other
government services. Although the constitutionality of these
laws has been questioned, the fact that this mentality
exists to pass such is instructive. As a country of
immigrants, we owe it to new immigrants to give them the
chance to succeed.
The issue of illegal immigrants is a difficult one,
however, the answer is not to exclude them from necessary
services. Children who are brought into this country
illegally are totally innocent and should not be denied
necessary services.
As legislatures strive to cut costs, they should examine
their actions in light of racism. Designing laws which make
life more difficult for non-English speaking, non-whites, is
clearly based in racism.
The following articles are included in this
bibliography:
Anti-Discrimination
Provisions and Health Care Access: New Slants on Old
Approaches, 20 Clearing House Review 439 (1986).
Arkansas
program help Hispanics get health care, The Commercial
Appeal, March 19, 1996, at 10A.
Bibliography:
Critical Race Theory: An Annotated Bibliography 1993, a Year
of Transition, 66 U. Col. L. Rev. 159 (1993)
Born as a Second
Class Citizens In The U.S.A.: Children Of Undocumented
Parents, 63 Notre Dame L. Rev 35 (1988).
Boy In Prop.
187 Controversy Mourned; Rites: Family, Friends, Pay
Last Respects to the 12-Year-Old Whose Parents Say the
Delayed Medical Treatment Out of Fear of Deportation, L.A.
Times, November 29, 1994,at A, 22
Constitutional
and Practical Considerations of California Proposition 187,
78 Marq. L. Rev. 777. (1995).
Critical
Race Theory and Proposition 187: The Racial Politics of
Immigration Law, 17 Chicano-Latino L. Rev. 118 (1995).
Health
Care Use By Hispanic Adults: Financial vs. Non-Financial
Determinants. Access to Heath Services For Vulnerable
Populations., 1995 Health Care Financing Review 71.
Hispanics,
Health Care, and Title VI of the Civil Rights Act of 1964,
3 Kan. J. L. & Pub. Pol'y 31 (1994.)
Hispanics
Suffer Loss of Health Care, New York Times, February 3,
1997, at A16.
Immigrant's
Rights to Health Care, 20 Clearing House Review 498
(1986).
Multilingual
Warning Labels: Product Liability, "Official English,
" and Consumer Safety, 29 GA. L. Rev. 197 (1994).
Newly
ratified International Human Rights Treaties and the Fight
Against Proposition 187, 17 Chicano-Latino L. Rev. 88
(1995).
Public
Benefits and Immigration: The Intersection of Immigration
Status, Ethnicity, Gender, and Class, 42 UCLA L. Rev.
1509 (1995).
Ramirez v.
Plough, Inc., 6 Cal. 4th 539 (1993).
Symposium
on Immigration Policy: An Essay on Immigration Politics,
Popular Democracy, and California's Proposition 187: The
Political Relevance and Legal Irrelevance of Race, 70 Wash.
L. Rev. 629 (1995).
Woman Feared
Proposition 187 Deportation Dies at S.F. General, The
San Francisco Chronicle, November 26, 1994, at A14.
Annotations
Bill Piatt, Born
as a Second Class Citizens In The U.S.A.: Children Of
Undocumented Parents, 63 Notre Dame L. Rev 35 (1988).
This article discusses the
methods used to deter illegal immigration and how these
methods ultimately harm children of undocumented immigrants.
Such methods are employer sanctions and denial of public
assistance. The author argues that a statute should be
passed which presumes that a deportation constitutes extreme
hardship when the deportee would have to leave behind a
citizen child. It would also constitute extreme hardship for
the child. He also argues that courts should continue to
strike down efforts to limit access to public assistance by
children of illegal aliens. This is because of due process
and equal protections issues.
This article is valuable because
it discusses one of the major problems facing the Hispanic
population-immigration. An understanding of the political
environment and attitudes is essential in understanding laws
designed to reduce benefits for undocumented aliens. This
article is applicable to the specific topic of this
bibliography because it shows the various techniques used to
deny Hispanic's medical services. Pgs.:35-54. [Back]
Claudia Schur Et. Al., Health
Care Use By Hispanic Adults: Financial vs. Non-Financial
Determinants. Access to Heath Services For Vulnerable
Populations., 1995 Health Care Financing Review 71.
This non-legal source is a
scientific study exploring the role of cultural and
financial concerns affecting the use of health care services
by Hispanics. The study aimed to find out how cultural
differences inhibit entry into the health care system.
However, after compiling all the data, the study found that
Spanish-speaking Hispanics were not really any less likely
to go to the doctor.
The problem with the data in
this article is that it was compiled in late 1995. This was
before the Medicare and welfare reform initiatives had
begun. Pgs: 1-16 [Back]
Geoffrey Dillard, Multilingual
Warning Labels: Product Liability, "Official English,
" and Consumer Safety, 29 GA. L. Rev. 197 (1994).
This article discusses one
reason why Hispanic are more likely to be injured and
require health care. The law does not adequately protect the
linguistic needs of Hispanic Americans. Manufacturers do not
always label in Spanish, even when they target Hispanic
markets. In addition, there is a movement in the law towards
passing English only laws. These laws make English the
official language of the state. This can have the effect of
prohibiting to use of any non-English language in the
workplace.
This article is useful in the
context of health care, because the English-only laws and
warning label inadequacies result in many injuries for
Hispanics. These laws show an unwillingness to accommodate a
multi-cultural society. As a result, may injuries occur and
health services are required. No only does the law restrict
access, but it facilitates injury. [Back]
Ramirez
v. Plough, Inc., 6 Cal. 4th 539 (1993).
This case dealt with a Hispanic
child who got Reye Syndrome as a result of ingesting
aspirin. The manufacturer targeted the Hispanic market via
Spanish television and news papers, however, the
manufacturer did not provide Spanish warning labels. As a
result, the child contracted Reye syndrome and is severely
damaged.
This case is important, because
it shows that California is unwilling to protect the health
care needs of Hispanics. Not only do Hispanics need improved
access, but they need adequate protection from injury. In
this case the court held that the statute only required a
warning to be in English even though the manufacture
targeted a Spanish speaking population. It is clear that the
law not only has the effect of discouraging access, but it
encourages injury to the Hispanic population. [Back]
Joseph F. Baca, Constitutional
and Practical Considerations of California Proposition 187,
78 Marq. L. Rev. 777. (1995).
This is the transcript for the
keynote address delivered to the first Hispanic Heritage
Dinner at Marquette University Law School, February 17,
1995. The speech addressed Proposition 187, which is a piece
of California legislation which restricts undocumented
immigrants' use of services such as Medicaid and Medicare.
The thrust of the speech was that if undocumented people do
not get adequate medical care, this could result in
contagious epidemics. In addition denial of services will
keep these people permanently in the underclass. The speaker
urged that the future Hispanic lawyers use their power to
protect against such harmful policies. Pgs. 777-790. [Back]
Kevin R. Johnson, Public
Benefits and Immigration: The Intersection of Immigration
Status, Ethnicity, Gender, and Class, 42 UCLA L. Rev.
1509 (1995).
The value of this article is
that it explains the motivations for legislation such as
Proposition 187, which was intended to deny government
benefits to illegal immigrants. The article points out that
such legislation is a response to fear of the male Hispanic,
but in practical application such legislation has the most
harmful impact on Hispanic women. Hispanic women who are
denied benefits are harmed the most because they are then
forced to bear the responsibly of their health care, day
care, and education. In addition, the article demonstrates
that most illegal immigrants come here seeking work, not
free benefits. It gives statistics of how illegal immigrants
are not draining the system.
It is important to understand
that Proposition 187 was passed out of fear and not hard
facts. Racism will result in legislation that is unnecessary
and unconstitutional. Pgs: 1509-1575 [Back]
Lee Romney, Boy
In Prop. 187 Controversy Mourned; Rites: Family, Friends,
Pay Last Respects to the 12-Year-Old Whose Parents Say the
Delayed Medical Treatment Out of Fear of Deportation,
L.A. Times, November 29, 1994,at A, 22.
The parents of a
twelve-year-old, who were illegal immigrants, stated that
they did not take their child to the hospital because they
feared that they would be deported pursuant to Proposition
187. The child died shortly after the parents took him to a
neighborhood clinic. They did not take him to the clinic
until they had gathered enough money to pay in cash. The
parents were not aware that there was a restraining order
which bars enforcement of most of the proposition. This
article demonstrates how brutal such racist legislation can
be on innocent children. [Back]
Pamela Burdman, Woman
Feared Proposition 187 Deportation Dies at S.F. General,
The San Francisco Chronicle, November 26, 1994, at A14.
This article is similar to the
preceding article. A woman delayed medical treatment as a
result of Proposition 187. She was not aware that there was
an injunction against the legislation. Her delay in seeking
medical attention resulted in her dying from a brain
hemorrhage. [Back]
Kevin R. Johnson, Symposium
on Immigration Policy: An Essay on Immigration Politics,
Popular Democracy, and California's Proposition 187: The
Political Relevance and Legal Irrelevance of Race, 70
Wash. L. Rev. 629 (1995).
This article gives a history of
racist legislation and ties it into Proposition 187.
Although Proposition 187 has been blocked by the courts, it
still demonstrates how racism has the potential to keep a
whole race of people from succeeding. In the context of
health care, this Proposition denies undocumented immigrants
the ability to use government sponsored health benefits.
This work is valuable in that it
explore the racist motive behind such legislation. Although
the legislative intent stated that the purpose was to
minimize the financial drain on the government, in reality
the legislation was based on racism. Whether or not a court
will apply the legislation is not important, because the
racist attitudes will still exist and will surface again in
the form of laws. Pgs: 629-673. [Back]
Anne Paxton Wagley,Newly
ratified International Human Rights Treaties and the Fight
Against Proposition 187, 17 Chicano-Latino L. Rev. 88
(1995).
This article discusses how
international human rights law can provide lawyers tools to
fight racist laws, such as those denying health care to
Hispanic immigrants. Treaties are the supreme law of the
land under the constitution and they should be used to
protect minorities. However, these treaties have been
ignored and not given adequate attention in the media.
Although this article presents
an interesting argument, it will be difficult to apply these
laws to protect the health care interests of Hispanics.
Minority groups are by definition under represented, and
will have difficulty advocating their rights under
international law. In addition, the U.S. is notorious for
ratifying international treaties and then ignoring their
existence. The only real way to protect Hispanic health care
rights is through U.S. law, not international law.
Pgs:88-117 [Back]
Ruben J. Garcia, Critical
Race Theory and Proposition 187: The Racial Politics of
Immigration Law, 17 Chicano-Latino L. Rev. 118 (1995).
This article uses the critical
race theory to explain racist laws, which, among other
things, deny some Hispanics health care. The critical race
theory is a theoretical framework that explores the ways
that a facially race neutral laws are used to continue to
perpetuate the problems of racism. The article explores the
racial history of immigration law, and how it is based on
white racism. It is argued that such laws should be subject
to strict scrutiny.
This article is important
because it shows how the law can be designed to seem
neutral, but actually have a racial impact. In the context
of health care of Hispanics, the laws denying illegal
immigrants health care are in fact based in racism, and not
just financial concerns. Pgs: 118-154 [Back]
Richard Delgado, Bibliography: Critical
Race Theory: An Annotated Bibliography 1993, a Year of
Transition, 66 U. Col. L. Rev. 159 (1993).
This is an annotated
bibliography of sources for the critical race theory. The
critical race theory is useful to demonstrate how racism is
used to enact laws which deny Hispanics health care access.
Pgs:159-193. [Back]
Raphael Metzger, Hispanics,
Health Care, and Title VI of the Civil Rights Act of 1964,
3 Kan. J. L. & Pub. Pol'y 31 (1994.)
This article applies Title VI of
the Civil Rights act to Hispanic health care. It argues that
Hispanics are a large segment of the population who have
poorer health than white America. This is due to lack of
access. Lack of access, he argues, is due to barriers of
language and culture. The author also argues that Title VI
requires linguistic and cultural accommodations.
This article is valuable because
it gives Hispanics a powerful tool to combat inadequate
health care. It is clear that Title VI protects access to
federal benefits from discrimination. Pgs: 31-37. [Back]
Susan Drake, Immigrant's
Rights to Health Care, 20 Clearing House Review 498
(1986).
This article argues that lawyers
need to advocate the needs of Hispanic immigrants if they
are to have adequate access to health care. To increase the
quality of medical care, the government should increase
Medicaid coverage, enforce the Hill-Burton act, issue state
mandated health insurance, require providers to offer
interpreters, and provide cultural-sensitivity training.
Also, hospitals should have screening measurers which would
ensure that the patient would not be reported to the INS.
Lack of adequate care keeps Hispanic immigrants from fully
integrating into society. There is proof that immigrants are
a positive factor in our economy. They pay taxes and are
productive workers. They pay taxes and social security and
often do not benefit from those services.
This article makes excellent
arguments that immigrants are a valuable asset to this
country. The law needs to be changed so that immigrants are
afforded adequate health care; so that they can continue to
positively serve our country. Pgs. 498-510.[Back]
Stan Dorn, Anti-Discrimination
Provisions and Health Care Access: New Slants on Old
Approaches, 20 Clearing House Review 439 (1986).
This article challenges the
linguistic inadequacies of health care providers, and how
this violates Title VI. [Back]
Brian I. Byrd,Hispanics
Suffer Loss of Health Care, New York Times, February 3,
1997, at A16.
This non-legal source discusses
that Hispanics are the most likely to not have health
insurance. Hispanics have the highest rate of asthma and a
high rate of AIDS. In the midst of all of this, there is an
anti-affirmative action climate, which is reducing the
number of Hispanic doctors. Medical schools have seen a 19
percent drop in minority enrollment. [Back]
Arkansas
program help Hispanics get health care, The Commercial
Appeal, March 19, 1996, at 10A.
This non-legal source describes
a plan adopted by the state health department to improve
health care for Hispanics. The Health Department is
sponsoring a workshop focusing on language and cultural
aspects of health care. In addition, the workshop also
teaches about Hispanic cultural considerations which play a
role in health care. This was a response to an increasing
number of Hispanics moving to the area as a result of
anti-immigration laws passed in California. [Back |
