Showing posts with label Trump. Show all posts
Showing posts with label Trump. Show all posts
President Trump's Immigration Ban

President Trump's Immigration Ban

President Trump's Executive Order, Protecting the Nation from Foreign Terrorist Entry into the United States is impacting some workers who seek workers' compensation benefits.

"The United States Constitution permits rights of access to the courts by illegal aliens under the Fifth and Fourteenth Amendments to the United States Constitution. 42 U.S.C.A. § 1981. Dowling v. Slotnik, 244 Conn. 781, 712 A.2d 396 (1998), cert. denied by Slotnik v. Considine, 525 U.S. 1017, 119 S.Ct. 542, 142 L.Ed.2d 451 (1998). The New Jersey courts have reasoned that public policy would be subverted if employers were permitted to hire illegal aliens in lieu of citizens or legal residents knowing that they would not be required to insure or absorb the cost of the injuries incurred by these illegal aliens in the course of their employment. Fernandez-Lopez v. Jose Cervino, Inc., 288 N.J.Super. 14, 671 A.2d 1051 (App.Div.1996)." Gelman, Jon L., 38 N.J. Prac., Workers' Compensation Law § 11.8 (3d ed.).

The American Immigration Council has issued a practice advisory, It provides information about how President Trump's Executive Order, Protecting the Nation from Foreign Terrorist Entry into the United States, is being implemented, offers resources and practice tips for attorneys whose clients are affected by the Executive Order, and outlines legal challenges to the entry provisions that have been filed to date.

Click here to read the advisory.

Related:
Appeals Court Rejects Request to Immediately Restore Travel Ban (NY Times) 02-05-2017
9th Circuit Court of Appeals Order-Denial  02-06-2017
Court Temporarily Blocks Trump’s Travel Ban, and Airlines Are Told to Allow Passengers (NYTimes)
Immigrant Rights Groups File Class Action Suit Challenging Trump Administration’s “Muslim Ban”Ali V. Trump, et al., No. 2:17-cv-00135 (D. Wash. filed January 30, 2017) ACI

AMA Urges Trump Administration to Clarify Immigration Executive Order

AMA Urges Trump Administration to Clarify Immigration Executive Order

A major element of workers' compensation benefits is medical treatment and that will be impacted the Donald Trump's recent ban on immigration. An adequate number of physicians must be available to provide medical care to cure and relieve  a work related medical condition. The American Medical Association (AMA) sent the following letter today to the U.S. Department of Homeland Security regarding the Administration’s executive order issued last week,“Protecting the Nation from Foreign Terrorist Entry into the United States:”
The Honorable John F. Kelly
Secretary
U.S. Department of Homeland Security
Washington, DC  20528
Dear Mr. Secretary:
On behalf of the physician and medical student members of the American Medical Association (AMA), I am writing to urge that the Administration clarify the executive order titled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” which was issued on January 27, 2017.  While we understand the importance of a reliable system for vetting people from other nations entering the United States, it is vitally important that this process not impact patient access to timely medical treatment or restrict physicians and international medical graduates (IMGs) who have been granted visas to train, practice, or attend medical conferences in the United States.  The AMA is concerned that this executive order is negatively impacting patient access to care and creating unintended consequences for our nation’s health care system.  Specifically, there are reports indicating that this executive order is affecting both current and future physicians as well as medical students and residents who are providing much needed care to some of our most vulnerable patients.
Many communities, including rural and low-income areas, often have problems attracting physicians to meet their health care needs.  To address these gaps in care, IMGs often fill these openings.  To date, one out of every four physicians practicing in the United States is an IMG.  These physicians are licensed by the same stringent requirements applied to U.S. medical school graduates.  They are more likely to practice in underserved and poor communities, and to fill training positions in primary care and other specialties that face significant workforce shortages.  The executive order places into question those IMGs who have applied for or who have been granted visas to come to the United States to train and provide care in underserved communities.  Guidance is urgently needed from the Administration to ensure the upcoming residency matching program in March 2017 does not leave training slots vacant and that all qualified IMG applicants can participate.  We urge the Administration to provide details and mitigate any negative impact on our nation’s health care system. 
On a related issue, the AMA urges the Administration to carefully consider any future action related to individuals with Deferred Action for Childhood Arrivals (DACA) status.  We were pleased to see President Trump’s recent comments about working to ensure that individuals with DACA status are able to remain in the United States.  According to the Association of American Medical Colleges, 61 U.S. allopathic medical schools reported that they considered applications from students with DACA status for the 2016/2017 academic year.  In 2016, 108 students with DACA status applied to U.S. allopathic medical schools, and 34 of those individuals matriculated, bringing total allopathic medical school enrollment of DACA-eligible individuals to approximately 70 students.  One study has predicted that the DACA initiative could introduce 5,400 previously ineligible physicians into the U.S. health care system in the coming decades.
The AMA strongly supports medical students and physicians with DACA status.  These individuals help contribute to a diverse and culturally responsive physician workforce, which in turn helps benefit all patients.  We urge the Administration to retain the current DACA initiative until a permanent solution on lawful immigration status for DACA participants is implemented.
Thank you for considering our concerns. 
Sincerely,
James L. Madara, MD
# # #
Editor’s Note:  The AMA has noted the following news reports indicating that the executive order is affecting patients, as well as physicians and medical students who are providing much needed care to some of our most vulnerable patients:

Donald Trump And The Art Of Asbestos

Today's post is shared from huffingtonpost.com


According to the Republican presidential nominee, the anti-asbestos movement is a conspiracy rigged by the mob. Yes, the mob.

For nearly five months, people around the country have been campaigning for or against Donald Trump. As one of the most polarizing presidential candidates of the century, we’ve watched debate after debate, commercial after commercial and repeatedly said, “Wow.”

There’s no doubt certain aspects of Trump’s beliefs are startling, overwhelming and offensive. But what the media shows is just one side.

Among all of Trump’s absurd ideologies, such as extreme vetting of immigrants and building a giant wall to keep them out, he also supports the use of asbestos. As a known carcinogen responsible for an estimated 10,000 American deaths a year, it’s surprising that a presidential candidate would uphold an industry that promoted its use.

But then again, is it?

Click here to read the entire article.