******************** THIS BLOG HAS MOVED TO WWW.LEGALINSURRECTION.COM ********************

This blog is moving to www.legalinsurrection.com. If you have not been automatically redirected please click on the link.

NEW COMMENTS will NOT be put through and will NOT be transferred to the new website.

Wednesday, April 28, 2010

Obamacare Requires You To "Show Your Papers"

Remember when Democrats fell all over themselves trying to prove that Obamacare would not cover illegal aliens? When Joe Wilson shouted "you lie" about coverage for illegal aliens, Obama and Democratic leaders assured the nation that illegal aliens would be excluded.

Under the final Senate health care bill signed into law (unlike the earlier House version), illegal aliens are screened out. Only persons who can prove they are "a citizen or national of the United States or an alien lawfully present in the United States" get to participate.

In other words, when you try to buy a policy through an exchange, or seek a subsidy, or receive any of the other supposed benefits, you will be told "show me your papers."

Just like in Arizona now. If you are contacted lawfully by the police. And if the police officer has a reasonable suspicion that you are here illegally. And if you cannot produce any of the specified common forms of identification. And in that case, the officer has to try to confirm your status with the federal immigration authorities.

The burden of producing identification under the Arizona law is no more intrusive than the documentation you need to fly; or ride an Amtrak train; or check into a hotel; or rent a car; or cash a check.

It certainly is less intrusive than the health care mandate, which forces people to spend money or be penalized, and requires that employers and taxpayers report to the government about insurance status. I find it quite interesting that the same people who insist that the federal government can control virtually all aspects of our health care find it so horrid when a state government seeks to protect its citizens by verifying immigration status.

In a perfect world, perhaps we could go through our lives without ever being told "show me your papers." And there would be no problems with foreign drug gangs and terrorist groups. And immigration would be controlled at the border.

But this is not a perfect world, as the people of Arizona can attest.

But it also is not the equivalent of being in Nazi Germany, the Soviet Union, or apartheid South Africa, as is being claimed by opponents of the Arizona law. Anymore so than a molehill is a mountain.

If being told "show me your papers" under the Arizona law constitutes the equivalent of any of those evil forms of government, what does that make Obamacare? And the Democrats who voted for it? And the President who signed it? And the bureaucrats who will implement it? And the doctors who will provide services under it? And the patients who will participate in it?

Are they all now Nazis, and Communists, and Apartheidists? Just like the people of Arizona.

Update: Talk about having to show your papers, Michelle Malkin: Police state: How Mexico treats illegal aliens.

Byron York has an even longer list of things for which we already have to show our papers:

No, we are not confronted by actors with heavy German accents demanding our papers.

We are instead confronted routinely by people of all stripes asking to see our driver's license. When we board an airplane, we are asked to produce a government-issued photo ID, usually a driver's license. When we make some credit- or debit-card purchases in department stores, we are asked to produce a driver's license. When we enter many office buildings, both private and government, security guards often ask us to produce a driver's license. When we go to doctors' offices and hospitals, we are asked to produce a driver's license. When we check into hotels, we are asked to produce a driver's license.

When we purchase some over-the-counter drugs, we are asked to produce a driver's license. If we go to a bar or nightclub, anyone who looks at all young is asked to produce a driver's license. And needless to say, if we have any encounter with police or other authorities, we are asked to produce a driver's license.

Some situations involve an even higher level of scrutiny. When we get a new job, we are asked to provide not a driver's license but a passport or birth certificate to prove citizenship. In other situations, too: When I renewed my District of Columbia driver's license last year, I had to produce a passport to prove citizenship, even though it was a valid, unexpired license I was renewing. And in many places, buying a gun -- a constitutionally-protected right -- involves enormous scrutiny.

Related Posts:
Immigration Proposal Will Blow Out All HCR Cost Estimates
Saturday Night Card Game (The Arizona Immigration Bill Is Not Racist)
The "Section 246 Proves Joe Wilson Is A Liar" Lie

Follow me on Twitter and Facebook
Bookmark and Share


  1. Right on the money, as usual! Great post!

  2. Dear Leader For Life Obama's health care bill is government hubris at its worst. You're right about this one.

  3. We are going to find out there is nothing to ask them for anyways. I don't think these illegals are coming here with lawful identification from their own country of origin.

    I volunteer at the local food pantry. In order to obtain any free items, you must be signed on by one of the pastors from the 5 local churches involved, and show an ID and need for charity.

    Once a month they come in take a number and are documented by our Spanish speaking liason.

    I then roll out the cart, bagged with food and toiletries. Calling "Maria 1", "Maria 2", on and on, up to 5 "Maria's" in row at a time. This goes on every month. ALL OF THEM HAVE THE SAME NAME, WTF?? No one at the MA Transitions (welfare) office has caught on yet(SHOCK), that they keep spelling the same female name over and over again. It's so mocking. I feel like I need confession, after doing charity work.

    I show some form of Id daily somewhere, for something. It's part of our All-American lives, it's the law.

  4. When you think instead of feel, the logic becomes hard (like Barbie said about math, and Obama said about the Mideast problems).

    For Democrats, the logic basically depends on how the math works out in votes.

    The difference between the health care and AZ law is rooted in the motives of each piece of legislation. Arizona's law is a substitute for inaction of a real problem that should be taken up by the Feds. If the administration seriously pays attention and takes steps to curb the influx, he is put in a conflict of interest position. He just did an ad targeting Latinos and women (I guess to help him fight white men). The health care bill's papers request is to pacify critics.

    Motives are more important than the laws.

  5. The Lib Dem plan all along has been to set up an immediate granting of amnesty the day it becomes politically possible. That's why they threw us the citizenship bone on ObamaCare - they never intended it to matter.

    [For a light hearted take on our present peril]

  6. I don't understand what all the hype is about. First - the new law is being misstated. Someone has to be doing something illegal already for the police to then ask for ID. Second - they are not only looking for Mexican looking people. Terrorists from other countries come up through Mexico. Third - I'm from Canada and must carry my papers with me at all times...so what? That's the law and I've always abided with it. I've also never had to show my blue card or passport while I've lived in the US. Of course, I've also never broken a law therefore, I'm not worried! That's something that the media should play up more! What are you worried about if you don't plan on breaking the law?

  7. Wish I'd known this when I wrote about the Arizona law here:

    Now, I'll have to go back and edit my article. :-)

  8. Great post. And belated thanks for actually reading the law first in your last post (unlike many people out there), and giving a sound legal analysis! It's nice to know what's actually in the law.

  9. I actually think the reckless characterization of Arizona as Nazi Germany can have some good unintended consequences. It should be repeated as often as possible. Then remind the illegals that the Jews were trying to sneak OUT of Nazi Germany. Maybe they'll follow suit.

  10. Theresa - I'm not sure if you're joking or not, so I will assume you are serious. It is not unusual for women to be named "Maria" in Latin countries. The joke about "West Side Story" is that when Tony shouts, "Maria!" at her window, only one head pops out.

    In Wisconsin in the Civil War, there were so many Ole Olsons fighting that they had to number them.

  11. This post has been linked for the HOT5 Daily 4/29/2010, at The Unreligious Right

  12. Here are some Australian examples:

    1. Opening a bank account: you need to get to 100 points. To do that you need various types of ID including either your passport or your birth certificate.

    2. Passport - require birth certificate (long form from the Registry of Births deaths and marriages) and Marriage Certificate (from Registry of Birth Deaths and Marriages - your own original is not good enough) as well as other ID plus getting a signature from someone who has known you over a long period of time.

    3. Pedophile rules: everyone, not just those who have contact with children have to fill out a form for the police. (at least in the ACT). In NSW only those in contact with children had to fill out the form.

    4. Certain jobs require further information for secret clearances.

    5. working - filling out forms for Tax Dept - a gotcha so that they can extort more tax if you have more than 1 job.

  13. Prof. Jacobson-

    Rush gave you a shoutout today over this post! Congratulations!