Immigrant gets prison in hit-and-run death
Photo 
Teresa Varela-Merino
ELKHORN On Memorial Day, Teresa Varela-Merino took too many steps.
Turning her Ford Explorer into the parking lot of her brother’s apartment complex, she struck and killed a 6-year-old girl who was riding her bike with friends. Instead of waiting at the scene for police, she ran into her brother’s nearby apartment, scared she might be a victim of mob justice, her attorney said.
Those steps got Varela-Merino, a 29-year-old Mexican immigrant who was living in Lake Geneva illegally, charged with hit-and-run resulting in death.
Now, the steps she takes will be limited.
Judge John Race sentenced her Thursday to 18 months in prison. She’ll serve about a year because she’s been in jail since the incident. She will be deported after her release.
Through tears, Varela-Merino, a mother of children ages 8 and 12, read a letter to the parents of Lexan Duran Ortiz.
“I ask for forgiveness for what happened to your daughter,” she said through an interpreter. “I hope you know that everything was an accident. I know that asking for forgiveness is not sufficient for the pain I caused on that day. You don’t know how sorry I am because of that accident.”
Varela-Merino didn’t flee the scene in her car, defense attorney Jeff Krebs said. She went inside her brother’s apartment, afraid for her own safety because of the neighbors yelling and shouting at her, he said.
“Where (she’s) from, it’s not unusual for people to take the law into their own hands,” Krebs said.
Her boyfriend and brother both were outside the apartment. She sat inside and waited until police called her name. When they talked, Varela-Merino was cooperative, truthful and never denied the incident, Krebs said.
Prison will not bring the child back, nor will it rehabilitate someone whose crime was running a few yards away, Krebs said.
“She will grieve her entire life, every single day, for what happened on that tragic day,” he said.
But running means she didn’t immediately own up to what happened, District Attorney Phil Koss said. Had Varela-Merino not run inside or had she come out when police arrived, Koss didn’t know if he even could have prosecuted her except for driving without a valid license.
There was a phone inside the apartment, yet Varela-Merino didn’t call for help, Koss said.
“She didn’t take responsibility when she needed to,” said Koss, who recommended a prison sentence. “She could have just stood up and said, ‘It’s me.’”

Jun 5, 2008 at 9:11 p.m.
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I'm glad to see others feel the way i do about Illegals. Over the last 25 years, people have said nothing while Illegal aliens streamed over the borders at skyrocketing rates year after year. Every year they get away with sneaking in, the next year they step it up a little more. This girl had no intention of coming out of that apartment. What do illegals do when they break laws, & know the police are coming. I also am wondering why the gazette reporter didn't label her as Illegal alien, Instead of immigrant. Everyones so dang set on being politically correct, & not stepping on any toes, that they're willing to turn the other way. Thats exactly why Illegals have gotten away with this for so long, & now want amnesty for a second time (millions of illegals got it back in the early 80's). Lets start sending them home & shut the ever flowing stream of criminals coming into this country. With this girl now, I can think of 6 Illegal aliens this year who killed someone with a car. Those 6 people (5 children) would be alive today, If these 6 illegals had not been here. I'm personally tired of reading these stories, & think its way past time we start jailing them or deporting them (or both)
Dec 7, 2007 at 6:38 p.m.
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some people don't understand the difference between an immigrant and an "illegal" immigrant. My great-grandparents were immigrants to this country from Norway. They came here legally. They had their children learn ENGLISH. They didn't have any special treatment. They paid TAXES. They were productive citizens that didn't expect free handouts. We are sick and tired of having to bend over backwards for people that shouldn't be here in the first place, getting free schooling, low-income housing, free health coverage. Why do they get special classes and teachers in school because they can't speak English by the time they reach school age? It should be PRIORITY for their parents to teach them this so they can thrive in this country.
Dec 5, 2007 at 3:49 p.m.
Dec 4, 2007 at 9:06 p.m.
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Why are we all so afraid of immigrants? Do you think they're going to take over the country, take our land and make all of us Americans live on reservations?
Dec 4, 2007 at 6:42 p.m.
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I know a little girl was killed,thats a sad thing anywhere!!
But what about the parents of Lexan Duran Ortiz? Are they is the country legally?
Maybe if it wasnt for the illegals this whole dam thing would have never happened!!!
And thats just around this area,imagine all the problems nationwide!! Some Busher`s just dont get it!!
Dec 4, 2007 at 3:24 p.m.
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For everyone interested in this story:
You can read more about this story if you go to BLOGS and click on (Tid bits on the hit-and-run death story).
There were other children and adults outside with the 6 year old girl when it happened and the immigrant's children are not with her they live in Mexico.
Dec 4, 2007 at 2:50 p.m.
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I manage apartment buildings and have a strick rule about kids playing in the parking lot. Parking lot means parking lot not playground area. Why is a 6 year old riding a bike in the parking lot? That is like sending them in the street to ride. Parking lots are very dangerous and it is very hard to see adults let alone little kids. Where were the parents of that poor little 6 year old and why were they letting her play/ride in a parking lot? I wonder if all the parents are still letting the kids ride their bikes in the parking lot? That alone makes no sense.
Dec 4, 2007 at 11:25 a.m.
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Pandow: Local police and state police are not of jurisdiction to deport illegal immigrants. That is the area of the INS, and the INS is not currently deporting illegal immigrants. You may have noticed several "crimewatch" billboards- there are no "illegal immigrant watch" billboards because there are few if any resources to actually deport them. So yes, they generally have to commit a felony or worse to get deported.
Dec 4, 2007 at 1:26 a.m.
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Garyprimer: I was wondering the same thing... Since she's here illegally I highly doubt that either of them are legal. Can they check to make sure that they aren't here illegally too? Or do we have to wait till they commit a crime to find out?
Dec 4, 2007 at 1:17 a.m.
Dec 3, 2007 at 10:33 p.m.
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this country needs to elect someone who will fix the problem with illegals in this country and do it aggressively. if you ask me im all for the use of military force to get them out and keep them out. Also i think that kids who are citizens but parents came here illegally, that the kids too should not get citizenship. bottom line we need to get all illegals out of our country, and keep them out. I mean if we cant stop Mexicans from coming here how are we going to stop things like 9/11 from happening again.
Dec 3, 2007 at 5:43 p.m.
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What about the boyfriend and brother? Are they also in the country illegally? And if they are will we do anything about it? During a recent presidential primary debate, one of the candidates said one of the stupidest things I have ever heard from a human mouth. He said that there was no such thing as an illegal human being. I am sorry, but there are people who are in this country illegally.
Dec 3, 2007 at 3:49 p.m.
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I, for one, commend the state for providing transportation for state employees who commute to Madison to work. Oh wait, that's not what this thread is about...My heart goes out to that young girl's family. May she rest in peace regardless of race, gender, religion...
Dec 3, 2007 at 1:54 p.m.
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Just want to keep it going, huh? There are two, count 'em, two, state vans. We can choose to either park at K-Mart in Janesville, or at Telfer Park in Beloit. We pay a monthly fee because in Madison and the surrounding areas, you need to pay to park.
Yes, it would be heck to commute, if I drove myself. But thanks so much for your concern.
Dec 3, 2007 at 1:40 p.m.
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Blue21 posts: Okay....not everyone who lives in Beloit acts this way. Just the hoodlums. There are nice neighborhoods in town.
I know it sometimes seems like the armpit of America, but I am proud to live there and my kids love the schools. I've never had a real problem there.
I guess that must be one heck of a commute huh Blue21?
Dec 3, 2007 at 1:30 p.m.
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Can I get the address to the Dane County Job Center?
Dec 3, 2007 at 12:42 p.m.
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sfcm-You are right.
I will apologize right now for anyone I have offended.
This is not the season to be bitter or mean. I know what it's like to lose someone, and the first holidays without them is especially difficult. And losing a child in such a way must be dreadful.
Dec 3, 2007 at 12:18 p.m.
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Did you all notice that the last 8 posts are about a person commenting on this thread, and not on the article in the paper?
Dec 3, 2007 at 12:10 p.m.
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Oh, and Doc, here in Dane County we work 4 ten hour days. Do you know how our breaks are issues? I think not.
We can take the breaks how we want, a minute at a time, thank you.
If you have that much time on your hands to check out my other posts, that's sad.
Dec 3, 2007 at 10:50 a.m.
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Sir, you have no clue how professional I am in doing my job. Don't apologize for me. You do not know me, you know nothing about me.
Thanks!
Dec 3, 2007 at 10:20 a.m.
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I am so glad that Blue21 has a position as a caseworker. She seems like just the type of person that I would love to deal with over important issues related to my well-being or the well-being of a loved one. I would like to apologize for her unprofessional conduct and attest that I have had good dealings with a number of very good people from social services.
Dec 2, 2007 at 7:08 p.m.
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I noticed that too about Blue21- for a caseworker, she sure has a bunch of free time during the day.
As for me? Well, experiments run, there are some down times, sometimes I post while carpooling on my Blackberry.
Dec 1, 2007 at 11:55 p.m.
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Exactly! case closed.
Dec 1, 2007 at 9:34 p.m.
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Alright already, so now we all know why you can never get ahold of caseworkers and social workers (just kidding)... I'm sure Blue21 has time in between her appointments to post in here. I personally don't care. Let's come down on the people who are suppose to be keeping these illegals out of our country. Obviously they're not doing their job right.
Dec 1, 2007 at 6:36 p.m.
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look "doc" people work. its a living, but some people have Appointments... that means they have time in between their appointments.Ok? they can have a break, and in her case, with the Job Center, she has time to do this. It is life go on, its more sad that you have to complain about what she does and how she works. its a living. Thats all it is, and she knows what she is talking about. So listen you might actually learn something for once.
Dec 1, 2007 at 4:57 p.m.
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Blue21 you have 113 posted comments in the past month all during the work day, Does that mean your breaks are evey 5 minutes? As far as your job reading local papers looking for "certain things" how does spending hours here fit into that? Yup good thing you have A government job other wise you wouldn't have time during the day to come here and give us all your valuable opinion. For those of you that want to check her other comments all you have to do is click on her screen name next to her comments (notice the times of the posts all during A work day at the Job Center)
Dec 1, 2007 at 12:07 p.m.
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Curtaincall: I can't speak for everyone in here but I really don't think this has anything to do with race. It doesn't have a damn thing to do with race as far as I'm concerned. She was ILLEGAL.... She was, in that aspect, already committing a CRIME! I don't care what country she came from. You want to be an American than become one legally and learn the language. Since she was illegal she probably didn't even have a valid driver's liscense. Mymaro doesn't sound racist to me. Sounds more like their alittle pissed off that our government isn't protecting it's borders better. I'm alittle concerned. If we can't keep people from crossing our border illegally how are we supposed to protect this country from things like 9/11?
Dec 1, 2007 at 10:47 a.m.
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MYMARO, I am biased towards this subject?? Meaning what I must be illegal?? You'd be wrong. If that's the best comment you have , you have no arguement at all. It's about race and you sound very racist. shame on you.
Dec 1, 2007 at 10:12 a.m.
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P.S. Let her take her kids with her! Otherwise they'd have to put into the foster system.
Dec 1, 2007 at 10:09 a.m.
Dec 1, 2007 at 9:07 a.m.
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I don't have a superiority complex. Shame you can't talk to any of MY clients. To group them together, saying they are 'meek and mild' is pure bigotry.
I know the facts. If your 'friend' had a problem with the way the caseworker handled the case, fine. That doesn't change the fact that it's still MEDICAL ASSISTANCE, not something anyone can get, as you said before.
I'm not going to argue this with you anymore.
On most threads that's all you want to do, argue with everyone. You seem to get off on it.
Dec 1, 2007 at 9:02 a.m.
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Psst, Doc, we get breaks.
Also, part of our job is to read the local papers, looking for certain things. Unless you are in our position, quit assuming that we are 'wasting your tax dollars'.
Dec 1, 2007 at 1:02 a.m.
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ur all pathetic what if this woman was not ilegal what if she was a american
nothing but a bunch of racist do gooders IT WAS AN ACCIDENT AND BY THE WAY MEXICO USED TO OWN HALF OF THE USA TILL DO GOODERS LIKE U ALL COME HERE AND STOLE THEIR LAND IT AINT JUST FOR YOU PEOPLE IT IS FOR ALL IT IS CALLED UNITED STATES GET OVER IT oh by the way why was this child not watching where she was riding or how about her parents where were they at?
Nov 30, 2007 at 11:25 p.m.
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meant to say if your parents arent legal citizens neither are you
Nov 30, 2007 at 11:17 p.m.
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this should never have happened this woman who hit the little girl should never have been there, and as a punishment i don,t think prison is the answer why our money to pay for her to stay here and be taken care of while shes in prison i think that we should deport her and have her put in a Mexican jail after all thats where shes a citizen not here. and also take her kids with her as far as im concerned if your parents are legal citizens neither are you!!!
Nov 30, 2007 at 10:44 p.m.
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Blue 21:
I SAW the decision letter. It said that these children were not eligible due to income over the allowed limits. After waiting another three weeks for an appointment to dispute this, the mother had to jump through hoops- get an affadavit from the caseworker, off to the police, file a report, call the IRS and Social Security administration who didn't really care, then back to the caseworker who sighed and declared the income inelegible for consideration for dtermination of benefits.
All of which would NOT HAVE happened if your claim in your post below- children's income aren't counted and SS numbers aren't entered- was true. Can you explain that?
Why did this mother have to deal with all this crap if kid's incomes don't matter, oh mighty caseworker who knows all the answers?
I'd also like you to explian how Medicaid, a federal program, branches into a purely state insurance program. As far as going to anyone, HA HA HA. Sure, you can go to any hospital in an emergency, but in Rock county you are required to pick an HMO, ( which is always Mercy ,Dean is full, surprise) primary care provider, and stick with it. I understand about the income limits and premuim pro rating- I was the first one that brought that PRO RATED scale up (which means the poorest don't pay) However, it is a PRIVATELY managed insurance plan. The dollars may come from Medicaid funds, but check the management company. Have you heard of Maximus in Milwaukee, and how it managed welfare reform? Despiteyour indignation, there is a great deal of privitization in social services. It's not all up you.
As far as helping my friend, what are you going to do? Track down the illegals using the kids numbers and bust their heads?
I've already told you the kids got coverage and reports were made. And YES, she made the primary report of identity theft and appeal of decison at the JOB CENTER. The JOB CENTER is where you apply for food stamps, Badgercare, W-2, etc. I'm surprised that a "ten year caseworker" wouldn't catch on to that MINOR DETAIL.
As far as your extensive knowledge, perhaps you can explain why the two and five year olds are on the Badgercare HMO plain (read- Health maintenance Organization, A PRIVATE company) and not on Healthy Start?
See, after working with people that you're used to being meek and quiet, caseworkers tend to get a superiority complex. Like the CPS worker who was complaining about dishes in the sink of a client, who had been there three days. I asked her where she kept HER dirty dishes. Indignantly,she said "Well, I'm not being investigated by CPS!!"
Nov 30, 2007 at 10:19 p.m.
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Hey is it just me but if Blue21 works as A case worker at the job center why is she here in this blog DURING THE WORK DAY? Ah yes our tax dollars hard at work paying government employees to sit and goof off on the computer. Sorry I know this doesn't relate to this story but hey I'm not sure how her aggument on Badger care relate either. Very sad A little girl lost her life and by someone who should not have been here in the first place. For english press 1 if you dont speak english hang up and call back when you do! Put that mesage on all government assistance lines and they will learn to speaky quickly!
Nov 30, 2007 at 8:14 p.m.
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Wow,a whopping 18 months? Thats awful harsh dont ya think? Yeh right! I wonder what you would get if you hopped the border into Mexico and ran over some kid there! Think they would go easy on ya? I seriously doubt it! Not to sound like a sicko here,but should the victim have been here either??
Nov 30, 2007 at 6:12 p.m.
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Wooww Blue21<hehe> yes i agree, since Badger care is what you say and people cant park in gas areas when they arent getting gas...if you are not my momma then disregerd anything i have just said... because i dont care what anyone else thinks
but yeahh <3
O_o cait
Nov 30, 2007 at 6:03 p.m.
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I, for one, do not think that I am better than anybody and I am definately NOT racist. I am however, completely against people staying here illegally. If they want to live here they should become legal U.S. citizens just like everyone else. Why would anyone be ok with Mexican's (or anyone) coming here/staying here illegally? Woman fought for years to become equal in this country, african americans fought like hell for equality but a mexican crosses the border illegally and we are suppose to be sympathetic towards them or give them special treatment?
Nov 30, 2007 at 5:44 p.m.
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So the majority of you people seem to think you are better than immigrants or illegals.. Very doubtful.
They are human beings.. I think racist people should be deported.
Nov 30, 2007 at 5:40 p.m.
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mareysann: Maybe all counties do it differently because I'm from green county and on Badgercare (I didn't have to choose an HMO provider) and I can go to any hospital, clinic, etc. that accepts Wisconsin Medicaid. When I applied I thought I'd have to choose an HMO and the case worker told me that I didn't need to. I asked her if there were certain places I needed to go and she said I could go anywhere that accepted Wisconsin Medicaid.
Nov 30, 2007 at 5:33 p.m.
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If this woman was where she is supposed to be legally she would not have been here and that little girl would still be alive! What's with this country? We put so much value on cheap labor that we break the law to help those who are breaking the law!!!! Give me a break! Of course this was an accident! Of course this woman is sorry. Of course it is sad for her and her family but HELLO? What about the little girl's family? What about our laws? This is crazy! She broke the law by just being here and then she broke it again and again and still you can bet there will be someone who will try to give her every break. Who is going to give the parents of the child that was killed a break? Who will pay for their lawyer? For their medical bills? They are citizens!!!
Nov 30, 2007 at 5:08 p.m.
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Actually, I am a Badger Care recipient with a monthly premium. I did have to pick an HMO provider which also designates a hospital and clinic. Now, those are for your ordinary and routine care visits and surgery, but for accidents and last minutes, any hospital will work. It is just more paperwork. There are also designated Opthamologists as well as dentists.
Nov 30, 2007 at 5:03 p.m.
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Oh, and as I had stated once before in another post, this isnt' even the topic...
My condelences to all families involved.
Nov 30, 2007 at 4:44 p.m.
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Bears54fan4life: I completely agree with you there.
Nov 30, 2007 at 4:43 p.m.
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troublegirl: You can feel bad for her kids but they should be deported as well i think that if their parents are illegal so are they.
Nov 30, 2007 at 4:41 p.m.
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this is redickulus she probably didn't have a drivers license either. this country should do more to help protect its boarders from illegals. I think that the military should protect our boarders and use illegals as target practice if the come over.
Nov 30, 2007 at 4:38 p.m.
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Wisconsin Medicaid is a state/federal assistance program that helps certain needy and low-income people pay their medical bills. Wisconsin Medicaid is also known as Medical Assistance, MA, Title XIX, and T19.
Wisconsin Medicaid has numerous subprograms with varying income eligibility limits. BadgerCare is one of the subprograms of Medical Assistance (Wisconsin Medicaid) and is designed for families who make too much to qualify for Family Medicaid.
Families in BadgerCare with an income under 150% of the federal poverty level do not need to pay a premium. Families with an income over 150% of the federal poverty level will need to pay a small premium each month (5% of their monthly income) to become eligible and remain eligible for BadgerCare.
Everyone’s income is considered (even children’s) when you apply. Assets are not considered.
There are NOT designated providers for BadgerCare. Since BadgerCare is a subprogram you can go to any hospital, clinic, pharmacy or dentist that accepts Wisconsin Medicaid (Medical Assistance).
Nov 30, 2007 at 3:58 p.m.
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Unfortunately, people who do not use the services provided to low income families tend to get information from those who have been turned down for assistance and get the "negative" feedback and information that they make up to make themselves look better and the W2 system look worse. It's not a perfect system, but it is definately one that is here to stay. So, evansville housewife, I suggest getting the facts first, offering constructive criticism second, and getting off your high horse. Just because you are passionate about something doesn't always mean you are right.
Nov 30, 2007 at 3:48 p.m.
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Oh, and as far as the incomes of the kids 'not being entered', I should have been more specific, since I seem to have to spell things out for you. They may be IN THE SYSTEM, however, they are NOT COUNTED. Unless you have seen the Notice of Decision your little 'friends' received, you have no clue.
(I love how people are SO eager to blame the system and take heresay over WHAT IS REAL).
Nov 30, 2007 at 3:43 p.m.
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Wow, Evansville Housewife, I WORK AT the job center as a caseworker. You know how assistance works better than me? I've been her longer than 10 years. BadgerCare IS medical assistance. It has income limits according to the Federal Poverty Level. It is STATE ASSISTANCE. It is not insurance. Not all BC recipients have a premium, THAT goes by their income. They PICK or are ASSIGNED an HMO.
Why don't you do a little RESEARCH instead of slandering the system? Oh, and you're welcome for the information.
Nobody 'files reports' with Wisconsin Job Service. Do you even know what agencies are involved? I think not. I think you MEANT to say they complained to their Human Services caseworker. WI Job Service is where you LOOK FOR WORK.
So, if you'd like me to look into your 'friends' case, by all means, give me their names and I will do it.
In the meantime, make sure you know what you are talking about. You look like a fool.
Nov 30, 2007 at 1:41 p.m.
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Wow, Blue21, thanks SO MUCH for absolutely FALSE information!
Sorry, no, Badgercare DID turn down these kids twice. They DID get covered retroactively, because their mom filed a report with the IRS, police, and WI Job Service. It took a lot of legwork on her part, and no one seems particularly interested in catching the guys that have her kid's numbers.
Your right that kid's incomes aren't considered- but they run ALL social security numbers to check that the names and financial info match. In this case, the kids numbers came up as earning income sufficient to turn them down. It was a mess, and still is.
It's nice that you think that they're "not entered" if they don't match up, but you are just flat out 100% wrong.
Badgercare is a state-funded insurance plan, NOT medical assistance. It has a pro-rated premium and designated providers.
As far as the 5 year old being on Healthy Start, you better call the Job Service and tell them they're doing their job wrong. Because the 2 year old child is on Badgercare too.
Nov 30, 2007 at 1:24 p.m.
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This woman should be deported but I feel sorry for her kids. They were probably born here making them US citizens. Their mother will be deported and they will probably be thrown into the foster care system. What a way to grow up.
Nov 30, 2007 at 12:28 p.m.
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EVHW, I don't know what kids were denied Badgercare, but first of all, all childrens' incomes are not even counted for public assistance. Second, if there is a mismatch with names and socials, which is seen a lot (it comes through a federal wage match) it's not even entered.
Badgercare is Medical Assistance for families who have earned income. The 5 year old would have been under Healthy Start. Income of the parents would have been what was deemed, and verified.
Nov 30, 2007 at 12:20 p.m.
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Mymaro- It's difficult to get illegal aliens deported ro many reasons. First, social security numbers, IDs, and tax numbers are stolen,replicated and swapped like mad. I know a few kids that were denied Badger care, because at the age of 5 and 9, they were earning money as migrant workers. (They wren't obviously- their social security numbers are being used.)
The IRS holds great confidence in their security so much so that the mother of these kids can't get the address of where the users of these numbers are living!
Second, the database to verify illegal immigrants is a nightmare. The people it picks up most of the time are recently cleared immigrants. There just is no foolproof way to document someone is in this country legally- papers can be faked, certificates can be bought or stolen.
Nov 30, 2007 at 12:16 p.m.
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Alright- The Gazette needs to check it's headlines. This woman was NOT AN IMMIGRANT. She was an ILLEGAL ALIEN. An immigrant is an American working here legally. A person who is not here legally is an illegal alien.
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