Biden Administration Wants to Redefine “Lawful” and Make Americans Pay for It
April 19, 2023
When Congress approved the Affordable Care Act (ACA) in 2010 it explicitly barred illegal aliens from receiving taxpayer-subsidized coverage under the program. But like countless other laws intended to discourage and penalize illegal immigration, the Biden administration is now attempting to make an end-run around this restriction through executive action.
The administration’s latest proposal attempts to redefine “lawful presence” for Affordable Care Act and Medicaid programs, allowing the nearly 580,000 individuals with Deferred Action for Childhood Arrivals (DACA) status to take advantage of taxpayer-funded medical insurance despite lacking any legal status. DACA recipients remain illegal aliens, even though enrollment in the program temporarily exempts them from removal. This fast-tracked change, if it succeeds, would make a mockery of federal immigration laws while potentially adding billions to the nearly $200 billion that illegal immigration costs Americans every year.
This change directly violates laws that protect the American taxpayer from being responsible for paying for illegal aliens. Section 401 of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), signed into law by President Bill Clinton, specifically excludes illegal aliens from receiving non-emergency federal Medicaid. Meanwhile, section 1312(f)(3) of the Affordable Care Act (ACA) specifically prevents people who are not lawfully present from enrolling in ACA exchanges. DACA is an illegal executive program that was created by President Barack Obama two years after the enactment of the ACA. Attempting to expand Medicaid and access to ACA exchanges to illegal alien participants in the DACA program is a clear violation of both the spirit and letter of the law.
https://www.fairus.org/blog/2023/04/19/biden-administration-wants-redefine-lawful-and-make-americans-pay-it
