RUMOR: Illegal Aliens are Entitled to Welfare Benefits under the Constitution.
FACT: The Fourteenth Amendment of the U.S. Constitution states, "no State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Because the word "person" is used instead of "citizen", some believe that illegal aliens would be entitled to welfare benefits, i.e., affordability credits offered under the health care reform proposals.
The Supreme Court ruled in the 1982 case, Plyler v. Doe, that children in the country illegally could receive welfare benefits because they were in the country to no fault of their own and did not have the ability to change their status. But, it does not grant welfare benefits to adults who willingly entered the country illegally.
Also, it is perfectly legal under Constitutional law for Congress to exclude classes of people from legislation. So by adding language into the health care reform bill that requires citizenship verification before an individual can receive affordability credits, it will prevent benefits from being given to illegal aliens.
