Suggesting that he had found a way to give “politicians ... the hot foot,” 630 KHOW-AM host Peter Boyles read from a mock letter that falsely insinuated illegal immigrants either already receive or, upon enactment of U.S. Senate-passed immigration reform legislation, would receive a number of benefits unavailable to U.S. citizens or legal residents. Boyles encouraged his listeners to send the misleading letter to politicians after stating that the letter “will be available to you by tomorrow on the Internet.” In fact, the Internet is replete with postings of the letter that Boyles read to his listeners and published on the 630 KHOW-AM website.

From the December 7 broadcast of 630 KHOW-AM's The Peter Boyles Show:

BOYLES: We always seem to try and find ways to give these politicians, media people, and others the hot foot. I think we may have it. It's a kind of, you know, guerrilla warfare, but I think it'll be fun for all of you to do. Greg Hollenback is now bringing up all the emails and applications and ways that we can contact all of these elected officials. Now we have a letter. We'll have all of those -- this will be available to you by tomorrow on the Internet. And it will begin, “Dear” -- and then it can be Congress person, it can be senator, it can be mayor, it can be governor-elect. Or all of them. You can even send one, I suspect, to Mr. Bush. But it goes like this:

“Dear” -- you fill in the apt political person you want to send this to. Maybe even council members of the city of Denver.

“As a native Coloradan and an excellent customer of the Internal Revenue Service, I'm writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien, and they referred me to you.

”My primary reason for wishing to change my status from U.S. citizen to illegal alien stems from the bill which, I recently understand, passed through the Senate."

Now, that is the one that now will become legislation in this next go-round. So that's why we want to speak to Congress people and senators. But, like I said, if you really want to give somebody else a hot foot, you're more than welcome to do so.

“It's my understanding that this bill's provisions” -- and this is the one we just spoke about -- “if accurate, as an illegal alien who had been in the United States for five years, all I need to do to become a citizen is to pay two thousand dollars' fine and income taxes for three of the last five years.”

Now remember, this was in the bill, which now I think will pass.

“I know a good deal when I see one, and I'm anxious to get the process started before everyone else figures it out. Simply put, those of us who have been here -- legally -- have had to pay taxes every year. So I'm excited about the prospect of avoiding at least two years of taxes in return for paying a two thousand-dollar fine. Is there any way I can apply to be an -- to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2003, 2004, and 2005.

”As an addition -- as an illegal, I could begin using the local emergency room for my primary health-care provider. Course, once I stop paying premiums for medical insurance, my accountant figures I could save about ten thousand dollars a year. Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as in-state tuition rates for many colleges throughout the United States for my son.

“Lastly, I understand that illegal status would relieve me of the burden of renewing my driver's license and making those burdensome car insurance premiums. This is very important to me, given that I still have college-age children driving my car.

”So if you would provide me with an outline for the process of becoming an illegal -- retroactively, if possible -- and copies of the necessary forms, I would be most appreciative. Thank you for your assistance."

What do you think?

The letter apparently refers to S.2611 (Comprehensive Immigration Reform Act of 2006), which passed the Senate on May 25 by a vote of 62-36.

Boyles read, "[A]s an illegal alien who had been in the United States for five years, all I need to do to become a citizen is to pay two thousand dollars' fine and income taxes for three of the last five years." Boyles went on to read: “Simply put, those of us who have been here -- legally -- have had to pay taxes every year. So I'm excited about the prospect of avoiding at least two years of taxes in return for paying a two thousand-dollar fine.”

However, the letter Boyles read misrepresents the pertinent provisions of the Senate immigration reform bill, which are indicated in Title VI: Work Authorization and Legalization of Undocumented Individuals. One of the conditions for legalization is that the immigrant “has been employed in the United States for at least three years during the five-year period ending on April 5, 2006, and at least six years after the date of enactment of this subtitle.” Another condition is that the illegal immigrant make “federal income tax payment or agreement to make such payments.” The legislation does not cap the number of years of tax liability for the prospective legalized immigrant; it only sets out a minimum number of years that the person must have worked in the United States in order to be eligible for legalization. In addition, an illegal immigrant would have to demonstrate basic citizenship skills, obtain security and law enforcement clearances, and fulfill Selective Service registration requirements.

Title VI: Work Authorization and Legalization of Undocumented Individuals -- Subtitle A: Access to Earned Adjustment and Mandatory Departure and Reentry -- Immigrant Accountability Act of 2006 -- (Sec. 601) Directs the Secretary to adjust to permanent resident status an alien (principal alien) who satisfies the following: (1) files an application and pays a $2,000 fine (not applicable to minors) and other applicable fees; (2) was physically present in the United States on or before the date that is five years before April 5, 2006, was not legally present in the United States on April 5, 2006, under any nonimmigrant classification, and did not depart from the United States during the five-year period ending on April 5, 2006, except for brief and innocent departures; (3) was not inadmissible under specified grounds; (4) has been employed in the United States for at least three years during the five-year period ending on April 5, 2006, and at least six years after the date of enactment of this subtitle (with specified exceptions for persons under 20 or over 65 years old, the disabled, pregnant women, and post-secondary students); (5) submission of specified employment-verifying documents; (6) federal income tax payment or agreement to make such payments; (7) demonstration of basic citizenship skills (exceptions for persons 65 years or older or persons who are disabled); (8) security and law enforcement clearances; and (9) Selective Service registration requirements.

Reading from the letter, Boyles also repeated another falsehood -- that “as an illegal, I could begin using the local emergency room for my primary health-care provider.” Contrary to Boyles' suggestion, under federal law, illegal immigrants' access to emergency room care is no greater than that of citizens or legal residents, and there is no mandate that hospitals provide care extending beyond stabilization of an emergency medical condition (EMC).

As noted by the Department of Health and Human Services' (HHS) Centers for Medicare & Medicaid Services (CMS), “In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay.” After screening, "[h]ospitals are then required to provide stabilizing treatment for patients with EMCs."

At a July 26 hearing before the House Committee on Ways and Means, CMS deputy director Thomas A. Gustafson, Ph.D., testified “about the Centers for Medicare & Medicaid Services' (CMS) efforts to assist hospitals that provide health care to the uninsured, particularly undocumented immigrants.” Contrary to the suggestion that federal law confers upon illegal immigrants special treatment beyond that afforded to other indigent patients, Gustafson noted that “under EMTALA hospitals have obligations to any individual, regardless of citizenship, who requests treatment for a medical condition.” Gustafson also noted that EMTALA's mandates are confined to emergency care, saying, “Under CMS' regulations, EMTALA does not apply after an individual has been admitted for inpatient hospital services, as long as the admission is made in good faith and not in an attempt to avoid the EMTALA requirements.”