‘Know your rights’ campaign

Immigration crackdown leads to movement

By ILIMA LOOMIS Staff Writer

KAHULUI – Maui’s Hispanic community and local churches are organizing a “know your rights” campaign in the face of a crackdown by federal immigration officials on undocumented immigrants.

Community leaders said there has been a significant increase in raids on businesses and searches of private homes by U.S. Immigration and Customs Enforcement agents looking for undocumented immigrants. They said the stepped-up enforcement began in the last six to nine months.

The Rev. Gary Colton of Maria Lanakila Catholic Church in Lahaina, which has a substantial number of Hispanic parishioners, said enforcement was “minimal” before last year.

“They may have been here a long time, which means they have a family,” he said. “There have been incidents where fathers are suddenly gone. What does mama do with the kids? Or mom and dad are gone, and the kids go to foster care.”

Church organizers with Faith Action for Community Equity, an interfaith alliance formed to address social issues, said they were concerned about how the surge in deportations was splitting up families, and how the aggressive, in-your-face approach of federal officers was terrorizing young children who might be in a home during a raid.

They said immigration enforcement should be handled more humanely.

“While (the raids) may be necessary for Homeland Security, we believe there needs to be some methodology that does not separate families, does not cause trauma,” said the Rev. Tasha Kama of Christian Ministry Church, who serves on FACE’s immigration committee.

The crackdown has also left some immigrants living legally on Maui feeling unfairly targeted, said FACE State Director Drew Astolfi.

“Some of the people being checked have legal status, but they’re not being treated that way,” he said.

Federal officers may come to a home looking for one individual, but once they’re inside, they ask everyone in the home to show immigration papers, he said.

“They don’t have to answer that question, but most of them don’t know that,” he said.

Lori Haley, a spokeswoman for the Department of Homeland Security Immigration and Customs Enforcement, said in an e-mail that ICE agents were simply enforcing U.S. laws.

“We do so professionally, humanely, and with an acute awareness of the impact enforcement has on the individuals we encounter,” she said. “ICE expects its officers to uphold the highest standards of professional conduct and personal integrity.”

Anyone who believes they were mistreated by an immigration agent should report the incident so it can be investigated, she added.

Fear of deportation is making some undocumented immigrants reluctant to report crimes, ask for help, or even seek medical care, where they weren’t afraid to do so before, said Gilberto Sanchez, a leader in Maui’s Hispanic community.

Kihei resident Jose Luna said Maui police asked him to come with them when his car was totaled by a drunk driver in an accident earlier this year.

“They said, ‘We’re just going to take you to the police station to make the report, then we’ll let you go,’” he said, speaking through a translator.

The 23-year-old Mexican national, who was living in the U.S. illegally, was nervous, but agreed to go with the police. Once at the station, he said the officers asked for his immigration documents, then told him they were contacting ICE. Luna was fingerprinted, arrested and taken to Kahului Airport, where he was transported to a federal detention center in Honolulu. Family members said it was two days before they knew what had happened to him.

Luna, who had been working on Maui as a dishwasher, agreed to voluntary deportation, and must return to Mexico next month.

Stories like Luna’s are widely circulated in the community and only make people more reluctant to come forward when they need help, Sanchez said.

“This guy gets hit, and in the end, the responsible person is free, and he loses the car, his freedom, everything,” Sanchez said. “They are really afraid.”

Deputy Chief Gary Yabuta said Maui police officers will contact immigration officials if they learn during the course of an investigation that a suspect is in the country illegally.

But he said Maui police are trained to protect and help victims no matter what their immigration status.

“Whether a person is an illegal immigrant or a natural-born citizen or a visitor or a tourist, our job is to protect their constitutional rights,” he said.

Yabuta said the Maui Police Department recognized the importance of reaching out to the island’s growing Latino population.

“We have officers that speak Spanish, and they’ve been trained to go into the communities to find out what they’re concerned about,” he said. “It’s not enough, but we do need to dialogue more with the Hispanic community, and any communities where English is a second language.”

As part of its response to the crackdown, FACE and community leaders are holding informational sessions at churches around the island to help immigrants prepare for possible encounters with enforcement agents.

Families should have a plan in place for what to do if a relative is detained or deported, Sanchez said. The plan should include information on how to contact a lawyer, and who should care for children, he said.

Immigrants should also save money in an emergency fund, and take steps to give limited powers of attorney to a close friend or relative who can access the account and deal with personal affairs.

“It depends what they need to do,” Sanchez said. “Some people need to sell the car, other people need to take care of the credit card, or close a bank account.”

Parents should also make sure children can come with them if they end up being deported, said Honolulu immigration attorney Maile Hirota.

Children who were born in the U.S. can sometimes be separated from their parents if they don’t have a passport to leave the country when their parents are deported. Getting a passport for a child when even one parent is in a detention center or out of the country becomes much more difficult, Hirota said.

“If you have minor children who are U.S. citizens, you should get the passport now,” she said.

Haley, the ICE spokeswoman, said it was up to parents, not the government, to decide what to do with children when they are deported.

“Some parents choose to leave their child with a relative or responsible adult in the United States,” she said. “Others choose to take the child with them to their home country.”

Hirota participated in a “Know Your Rights” presentation for immigrants organized by FACE last year.

“It’s true, there’s increased enforcement on Maui,” she said.

Many immigrants aren’t aware of their basic legal rights, including the right to remain silent and not answer questions from police or ICE agents, she said.

Individuals also don’t have to allow officers into their homes without a warrant, but many immigrants don’t know that, and let them in when they don’t have to, she said. Hirota said she advises people to ask the immigration agent to slide the warrant under the door, and not to open the door if the agent doesn’t show a warrant.

Friends and family members also don’t have to comply if an agent asks everyone in the home for their immigration papers or identification.

“They can ask, but the people who are there don’t have to show anything,” she said.

But Hirota said people should never lie to officers or show falsified documents.

“I think it’s just important for people to know their rights before they get into the really bad situation of being detained, and then it becomes a crisis,” she said.

In addition to the informational meetings, FACE has been handing out “rights cards” in English and Spanish that people can hand to officers if they don’t want to speak.

“I choose to exercise my right to remain silent and to refuse to answer your questions,” the cards say. They also have space where the person can write the name and phone number of a lawyer they wish to contact.

Kama said FACE recognized the role of immigration enforcement, but wanted to help families get through the experience with as little trauma as possible.

“If you’re undocumented, we can’t help you,” Kama said. “But we want to let you know that you have rights if you get into this situation.”

Ilima Loomis can be reached at iloomis@mauinews.com.

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FACE Summit Addresses Maui’s Affordable Housing Challenges

Cornelia Soberano attends Good Shepard Church in Wailuku, and is a founding member of the Maui Filipino Working Group that advocates for social justice. Like many of the more than 150 people attending the Faith Action for Community Equity Maui (FACE) of Maui Affordable Housing Summit, she hoped to leave better informed and able to share information with members of her community.

“I’m concerned, as are the people at Good Shepard, about people drowning in consumer debt. People do not have anywhere to go, and I’m hoping that as an offshoot of this summit, something can happen,” she said.

FACE President Stan Franco said the summit at Maui Community College on Saturday, March 7, was held “to try and make sense of some of the housing challenges that we the people of Maui are facing right now.”

Franco said this summit had four purposes:

“First, to educate ourselves about the housing crisis; second, to come up with a definition of affordability that is specific to Maui; third, to try and isolate a few areas where we could suggest practical, positive changes to the County Council and the mayor; and fourth, to offer our hopes for things to be included in a master plan for a 40-acre site adjacent to Maui Lani which was donated to the county for affordable housing by Alexander & Baldwin [A&B].”

 At the meeting, Maui County Housing and Human Concerns Director Laurie Tsuhako and Mayor Charmaine Tavares both spoke of their hopes to work with FACE to help address Maui’s need for affordable housing. According to Franco, Tsuhako planned the summit with FACE, and he thanked her for her patience throughout the process.

Following an opening general session, the summit quickly focused on business, breaking up into four workshops: Homeownership, Affordable Rentals, Foreclosure Prevention, and Land Development and Urban Sprawl.

The goal of each two-hour workshop was to create two affordable housing policy recommendations each for state and county government, and two specific recommendations for A&B’s 40-acre donated parcel.

The closing session began at 1 p.m. when each group shared its recommendations.

The Land Development and Urban Sprawl group recommended the implementation of a “Smart Code” that fostered smart growth and mixed-use zoning. It also called for greater transparency in individual development planning and more accountability of elected officials.

The group wanted to see the A&B property include multi-family and mixed-income neighborhoods with greenbelts and pocket parks, bus stops with benches and covers, biking and walking trails, and its own water treatment plant.

The Affordable Rental group proposed that there be equality between the tax credits for high tech and tax credits for affordable housing at the state level. Currently, high tech credits under Act 221 have a return period of five years. The affordable housing tax credit accrual period under Act 118 is 10 years for the same benefits. The group thought this was a disparity that created a disincentive for potential investors.

At the county level, the group recommended that affordable housing should receive water priority and incentives for developers who provide additional affordable rental housing. They wanted the 40-acre A&B development to be affordable to households earning 100 percent of Maui’s median income or lower, with a preference for 60 percent or below. They also advocated for larger three- and four-bedroom units.

The Foreclosure Prevention workshop called for foreclosure outreach, education and prevention efforts, and state, county and federal funding for nonprofits to meet these needs.

In addition, they called for a 90-day foreclosure moratorium, legal assistance for families facing foreclosure, lease-to-own home programs and a change in the federal bankruptcy law to allow mortgage payments to be reset when a bankruptcy is filed.

The Affordable Housing members were in favor of county fast-tracking of affordable housing and financial literacy education. They agreed that affordable development should not encourage sprawl and should work with Na Hale O Maui, the affordable land trust, to ensure affordability in perpetuity and with self-help housing to help limit housing costs.

FACE organizers are calling for a “Rally in the Valley,” on Saturday, April 18, from 9:30–10:30 a.m. next to Pomaika‘i Elementary School in Maui Lani, near the location of A&B’s proposed 40-acre affordable housing site.

March 19, 2009

Tom Blackburn-Rodriguez

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FACE Health Care Summit II

About a hundred and thirty people braved stormy weather to hear from Representative Neil Abercrombie, Senate President Colleen Hanabusa, Senator Rosalyn Baker, House Speaker Calvin Say, and Representative John Mizuno talk about health care issues facing our State. We also heard from Mr. Joshua Wisch (Representative Mazie Hirono’s Field Service Director), Dr. Kenneth Fink, Med-Quest Division Administrator (representing Lillian Koller), Daniel Kerwin from Unite Here, Local 5 and Mr. Richard Bettini, CEO of the Waianae Coast Comprehensive Health Center.

FACE continues to push for an increase in Medicaid reimbursements to health care service providers and supports HB1525 (which would limit health insurers contracting for government funded health care to non-profits or mutual benefit societies. HB1525 has passed the House and is now in the Senate. After listening to testimonies in the House we are proposing an amendment to the bill to allow both for profit and non-profit health insurers to contract with the State to provide medical services to Medicaid patients provided they meet specific provisions of transparency. The assembly also said, “Yes!” to encouraging Governor Linda Lingle to use some of the national economic stimulus funds to increase Medicaid reimbursements.

We thank HMSA for bringing their new on line doctor program. We had several folks who signed up for the program.

We are preparing for our Inter-Faith Worship Service scheduled for Wednesday, April 29 at 5:30 p.m. at Central Union Church. Hawaii is facing critical issues on health care including low Medicaid reimbursement, Quest Expanded Access (Medicaid for the Aged, Blind and Disabled), hospitals in financial crisis, and doctor shortages, especially in rural Oahu and our neighbor islands. Let us pray for the Healing of Hawaii.

Transparency needed in Medicaid contracts

Opinion

It’s hard to argue with the wisdom of managed care, at least in theory, as a means of improving efficiency and passing on some of the savings in the form of better health coverage for the clients.

But translating theory into practice is what counts, and the first operational month of the Quest Expanded Access (QExA) healthcare plan for 40,000 Medicaid-eligible patients has been rough.

The state Department of Human Services, which administers the Medicaid program, has been working to get service delivery past roadblocks, from computer glitches that held up prescription medications to confusion about which healthcare providers are in the network.

For the remaining five months in the allotted transition period, DHS must hold its two contractors — Ohana Health Plan and Evercare Quest Expanded Access, affiliates of two Mainland-based for-profit companies — accountable for assigning primary-care physicians through consultation with the patients, without disrupting care.

State officials say that in about 65 percent of the cases — those who are eligible for both Medicare and Medicaid — patients will be able to keep their current physicians. This ought to ease the worries of families who are waiting for their assignments.

Critics of the changeover point with understandable concern to a federal sanction against Ohana’s parent company WellCare Health Plans Inc., barring further enrollment of members in its Medicare contract. Although there is no direct connection to the QExA program, these critics are worried that the Medicare flap will weaken the company financially and put its QExA function at risk.

At this point the state, which conducted an evaluation of bids based on various performance parameters, is bound by its contracts and can only monitor to be sure the commitments are met.

But looking ahead, lawmakers should consider a proposed revision to House Bill 1525 that would require all nonprofit and for-profit firms that seek contracts under the state’s Medicaid, QUEST or QExA programs to provide a range of business data to help guide contract evaluations.

This is sensible. The state needs latitude in drawing health plan providers to the Hawai’i market, but it also needs information to see that its people are served well.

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Medicaid breakdown

Well-intentioned but plagued with problems, Hawaii’s new Quest Expanded Access program is failing those who need it the most

By Bob Nakata, Dana Alonzo-Howeth Arleen Jouxson-Meyers, May Akamine

Taking care of and advocating for the rights of Hawaii’s most vulnerable population — the aged, blind and disabled (ABD) — requires a tremendous amount of patience and optimism. For our organizations, which are on the front lines of serving these people, it is becoming increasingly difficult to be optimistic that the Department of Human Services’ new Medicaid program, called Quest Expanded Access or QExA, is ever going to work.

QExA is meant to provide health care services to Hawaii’s 39,000 ABD adults and children under a managed care system instead of the fee-for-service program it had offered previously. The state believes QExA will improve health care services for these people, while bringing down costs. Based on what we’ve experienced so far, we strongly disagree.

On Feb. 1, 2008, the state awarded $1.5 billion, its largest contract ever, to two mainland for-profit health plans — UnitedHealth Group (Evercare) and WellCare Health Plans (Ohana). Since the launch date of Feb. 1, 2009, QExA has been plagued with problems. At its third legislative briefing last week, covered by Star-Bulletin reporter Kristen Consillio, DHS reported that the state and health plans received 34,750 calls from clients and providers over the past three weeks due to computer glitches, enrollment issues, disruptions in patient transportation services, patients being incorrectly charged a copay for prescriptions, lengthy wait times and busy signals at health plan call centers. The largest percentage of these calls were made by beneficiaries who wanted to switch plans, most likely due to unhappiness with their current plan.

Thousands of Medicaid recipients still have not been assigned a primary-care physician, and others have been turned away from their longtime doctors who have chosen not to participate in the program. Others also are being told incorrectly by these health plans that they can no longer receive health care at some of the community health centers because these centers have opted not to participate in the program. These are Hawaii’s most vulnerable, fragile residents, many with life-threatening conditions and ailments. How can Dr. Kenneth Fink, the state’s Med-QUEST division administrator, call these astronomical problems “inevitable”? Minimizing the impact of these problems will not make them go away.

To make matters worse, WellCare and UnitedHealth continue to have considerable legal and service-related problems — currently, there are multiple criminal and civil suits filed against these companies in 37 states, as well as ongoing federal investigations. On Feb. 19, the U.S. Centers for Medicare and Medicaid Services prohibited WellCare from enrolling new members in its Medicare health plan and prescription drug program in all 50 states. The sanction is a result of WellCare’s “longstanding and persistent failure to comply” and its rating as one of the overall worst performers among all plans. Medicare accounts for WellCare’s largest piece of business. How financially stable is this company? What will happen if WellCare decides to pull out of the Hawaii market? QExA Hawaii beneficiaries will be left with only one health plan — UnitedHealth (Evercare), which also has undergone federal investigations for improper claim denials.

We are all for improving patient care and are willing to work with the state to achieve this goal. But when the state continues to jeopardize the well-being of Hawaii’s most vulnerable people, that’s when we need to ask: How many more of these informational briefings do we need to have before the state and our legislators come to the same conclusion as we have from the start? Although well-intentioned, QExA is a train wreck waiting to happen. And like a train wreck, it’s inevitable that people will be harmed. Unfortunately, these people are the 39,000 aged, blind and disabled Medicaid beneficiaries whom we all sought to protect in the first place. Let’s stop the train now and revert back to the former Medicaid program until another viable option can be implemented.

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FACE Healthcare Summit II

• Come and learn about the problems facing our islands’ health systems from policy experts and community leaders.

• Hear what FACE has been doing to address this crisis.

• Find out what you can do to help!

Saturday, March 14, 2009

9:30-11 a.m., with a Health Fair from 8:30-9:30

McKinley High School Cafeteria

Childcare provided upon request.

For more information, please call us at 522-1304 or email us at face.office@facehawaii.org.