Obamacare for illegal aliens, revisited

By Michelle Malkin  •  August 26, 2009 03:50 PM

The more the Democrats deny it, the more obvious it becomes that Obamacare will of course cover illegal aliens.

I said so last month.

And now…

GOP Rep. Lamar Smith of Texas, citing a new, non-partisan Congressional Research Service report, says it again:

“Democrats can keep claiming all they want that illegal immigrants will not be covered in this bill. But their actions speak louder than their words. Democrats have rejected opportunities to close the gaping loopholes in this health care bill that will allow illegal immigrants to participate.

“If President Obama is committed to ensuring that illegal immigrants do not benefit from the bill – as he says he is – why not include the same verification mechanisms in this bill as already exist for other federal benefits programs?

“What’s more, the bill contains no provisions preventing illegal immigrants from participating in the Health Insurance Exchange that is to be created, including the government-run “public plan” that will be available through the federally-run and federally-subsidized Exchange. This is in direct conflict with the President’s claim that illegal immigrants will not be insured under his plan.

“The American people are more intelligent than the President gives them credit for. They understand that simply saying illegal immigrants can’t participate without providing verification is like putting a speed-limit sign on a road, then setting a policy that prohibits police from patrolling the road; it won’t stop speeders, and this bill won’t stop illegal immigrants from benefitting.”

BACKGROUND: IMMIGRATION LOOPHOLES IN HR 3200

Open access to Insurance Exchange: HR 3200 contains no provisions preventing illegal immigrants from participating in the Health Insurance Exchange that is to be created, including the government-run “public plan” that will be available through the federally-run and federally-subsidized Exchange.

According to CRS: “Under H.R. 3200, a ‘Health Insurance Exchange’ would begin operation in 2013 and would offer private plans alongside a public option…H.R. 3200 does not contain any restrictions on noncitzens—whether legally or illegally present, or in the United States temporarily or permanently—participating in the Exchange.”

No verification mechanism: Democrats point to language in the House bill that says illegal immigrants cannot get benefits. While that may be technically accurate, it is far from the truth.

The fact is that the statement is meaningless because the bill contains no verification mechanism to ensure that illegal immigrants do not receive benefits. Democrats defeated amendments in two congressional committees to close this loophole, including amendments that would use the very same verification mechanism that already exist in statute for other federal programs. Why not include the same verification mechanisms in this bill as already exist for other federal benefits programs? Without the requirement that there be a verification mechanism or a specific verification mechanism provided in statute, the Commissioner could determine that the eligibility requirements could be met either without verification or with as little as a signed attestation.

According to CRS: “Some have expressed concerns that since H.R. 3200 does not contain a mechanism to verify immigration status, the prohibitions on certain noncitizens (e.g, nonimmigrants and unauthorized aliens) receiving the credits may not be enforced. However, others note that under §142(a)(3) of the bill, it is the responsibility of the Health Choices Commissioner (Commissioner) to administer the “individual affordability credits under subtitle C of title II, including determination of eligibility for such credits.”

Family eligibility for affordability credits: Section 242(a)(2) of the bill provides that “[e]xcept as the Commissioner may otherwise provide, members of the same family who are affordable credit eligible individuals shall be treated as a single affordable credit individual eligible for the applicable credit for such a family under this subtitle.” This suggests that if one member of a family is legally eligible, every family member will be considered eligible. This is significant in terms of numbers — the Pew Hispanic Center estimated that there are almost two million families in the United States where illegal immigrant parents have U.S.-born children. That does not include other “mixed status families” – one legal parent, one illegal parent and illegal child, etc.

According to CRS: “There could be instances where some family members would meet the definition of an eligible individual for purposes of the credit, while other family members would not. For example, in a family consisting of a U.S. citizen married to an unauthorized alien and a U.S. citizen child, the U.S. citizen spouse and child could meet the criteria for being a credit-eligible individual, while the unauthorized alien spouse would not meet the criteria. H.R. 3200 does not expressly address how such a situation would be treated. Therefore, it appears that the Health Choices Commissioner would be responsible for determining how the credits would be administered in the case of mixed-status families.”

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Comments


  1. #2
    On August 26th, 2009 at 4:03 pm, Southpaw said:

    “Health Choices Commissioner”

    What a perfectly Orwellian title.

  2. #3
    On August 26th, 2009 at 4:04 pm, Flyoverman said:

    If they specifically allowed illegals it would be political suicide. How many votes would a Leftist get if they were perfectly truthful in everything they spoke or wrote?

    They have no choice but to lie and deceive if they are going to get the needed support.

  3. #4
    On August 26th, 2009 at 4:07 pm, Rogue Cheddar said:

    Juan Valdez’s donkey was unavailable for comment.

  4. #5
    On August 26th, 2009 at 4:11 pm, txvet2 said:

    Figures. They want to kill seniors to save enough money to take care of illegals.

  5. #6
    On August 26th, 2009 at 4:13 pm, DesertLover said:

    Simple rule of thumb applies here …

    Anything that is not specifically disallowed in whatever comes out of Washington, D.C. is implicitly allowed … we cannot ever stop the new wave of activism by the no longer silent majority … we must remain to be even more vigilant with every day … the socialist leaning left will never stop trying to end the country many of us have fought and bled and sacrificed for and that many others have died for …

  6. #8
    On August 26th, 2009 at 4:13 pm, munchnstuf said:

    The whole thing is moot anyway. The Left’s next step after passing Obamacare will simply be to legalize all the illegals anyway. Problem solved.

  7. #9
    On August 26th, 2009 at 4:16 pm, FredFry said:

    Yes, the real issue is the legalization of illegal aliens.

    1. Health care
    2. Immigration ‘Reform’

  8. #10
    On August 26th, 2009 at 4:17 pm, tiredofit08 said:

    On August 26th, 2009 at 4:11 pm, txvet2 said:

    Figures. They want to kill seniors to save enough money to take care of illegals.

    this is one over 50 person who will fight to ensure it doesn’t happen…most of the people I spoke with the other day at Sen. Coburn’s town hall are dead set against illegal aliens getting anything but deported along with their illegal anchors….

  9. #11
    On August 26th, 2009 at 4:17 pm, lonecanoeist said:

    Of course healthcare must be provided for illegal immigrants. Has anyone besides me noticed how many pregnant Hispanics there are since Big Daddy took office. They are called anchor babies and they open the doors for every
    government handout available.Stop the madness now

  10. #12
    On August 26th, 2009 at 4:17 pm, DanMan said:

    The senate put this in their version. It is called the Coburn amendment I believe. Coincidently it is also the last or one of the last votes Kennedy made and he voted to close the loophole. Of course he knew it could be stripped as well.

  11. #13
    On August 26th, 2009 at 4:20 pm, emjem24 said:

    Of course DeathCare will cover third world leeches. Did we really think it wouldn’t? Or were we just kidding ourselves?

    I freakin’ wish we would just learn from the UK’s mistakes already. Go to Drudge and check out the article on how foreigners are clogging up the NHS system. People are being denied services that their wages/taxes pay for because midwives and the like are understaffed and overloaded with freeloaders.

    Does anybody really think that third worlders haven’t already overloaded our existing social support system in this country? I’ve taught illegals’ children in CO and it’s a well-advertised fact in certain school districts in cities like Denver and Colorado Springs.

    Americans don’t just need a wake up call they need a reality check. We’re so in denial and stupid it hurts.

    Get a clue, America. Dems aren’t helping illegals out of the goodness of their hearts… they’re doing it to reshape the ethnic and voting demographic of our country.

  12. #14
    On August 26th, 2009 at 4:31 pm, cicerokid said:

    Spot on, FredFry!

    No Illegals, no loophole, no problemo.

    Instant 12 million voting block, just add amnesty.

  13. #16
    On August 26th, 2009 at 4:37 pm, Southpaw said:

    Liberals and Democrats are genetically defective. They have no concept of cause and effect.

    The state of California is a perfect example. To save money, they are going to release 27,000 prisoners at a time when unemployment is approaching 15%. Health and social services are being cut back. Many of these prisoners will have no choice but revert to crime. Most of them will end up in parts of the state that are heavily Democratic. No money will be saved, many of them will go back to prison.
    Nancy Pelosi, prepare for a crime wave among your costituents.

  14. #17
    On August 26th, 2009 at 4:38 pm, malkin_fan said:

    Listen up:

    Even if it SPECIFICALLY says no health-care to illegals in the bill, after it becomes law the dems will sue and have an activist judge say that is illegal and free health care MUST be provided.

    DO NOT LET ANY HEALTH CARE BILL BE APPROVED.

  15. #18
    On August 26th, 2009 at 4:40 pm, graysonret said:

    What the heck. Since we’re on a huge spending spree, let’s cover Central America too. All they have to do is cross the border, get Obamacare, get treated, and head on back.

  16. #19
    On August 26th, 2009 at 4:41 pm, hawkeye54 said:

    The Left’s next step after passing Obamacare will simply be to legalize all the illegals anyway. Problem solved.

    Exactly!

  17. #20
    On August 26th, 2009 at 4:41 pm, PBoilermaker said:

    On August 26th, 2009 at 4:38 pm, malkin_fan said:

    Listen up:

    Even if it SPECIFICALLY says no health-care to illegals in the bill, after it becomes law the dems will sue and have an activist judge say that is illegal and free health care MUST be provided.

    DO NOT LET ANY HEALTH CARE BILL BE APPROVED.

    Bingo. Stop this monstrosity dead in its tracks.

  18. #21
    On August 26th, 2009 at 4:42 pm, rworks said:

    The beauty of it all is that the health care bill doesn’t need to mention illegals at all and they will still get free health care.

    Why?

    Because under federal law that already exists, anyone – legal or illegal – can go to the emergency room and get treatment. Free, if they don’t have insurance. The hospital simply passes that cost on you the paying customer.

  19. #22
    On August 26th, 2009 at 4:43 pm, txvet2 said:

    On August 26th, 2009 at 4:37 pm, Southpaw said:

    Many of these prisoners will have no choice but revert to crime. Most of them will end up in parts of the state that are heavily Democratic. No money will be saved, many of them will go back to prison.

    No problem, give them Pelosi’s, Feinstein’s and Boxer’s addresses.

  20. #23
    On August 26th, 2009 at 4:44 pm, mattymatt10 said:

    If we kicked out all the illegal aliens AND their p.o.s. cars, just think what it would do for our carbon emissions!

  21. #24
    On August 26th, 2009 at 4:44 pm, hawkeye54 said:

    What the heck. Since we’re on a huge spending spree, let’s cover Central America the entire world too.

    Why stop with just Central America. ZERO is the whole world’s messiah isn’t he?

  22. #25
    On August 26th, 2009 at 4:52 pm, hawkeye54 said:

    Many of these prisoners will have no choice but revert to crime. Most of them will end up in parts of the state that are heavily Democratic. No money will be saved, many of them will go back to prison.

    Add in the cost of the new crime to be expected and actually more money will be spent.

    To save more money, under California’s newly revised “4-walk” law, the just released prisoners will receive a “Stay Out of Jail Free” card for four new crimes. Upon arrest, the card is presented to be inspected and stamped. They get to “walk” on the first four non-violent crimes, THEN they go back to jail.

  23. #26
    On August 26th, 2009 at 4:52 pm, Southpaw said:

    On August 26th, 2009 at 4:42 pm, rworks said:

    Because under federal law that already exists, anyone – legal or illegal – can go to the emergency room and get treatment. Free, if they don’t have insurance. The hospital simply passes that cost on you the paying customer.

    Or goes out of business.

    Illegals are going to get their health care, cheating the system (whoa, there’s a novel concept) one way or the other.

  24. #27
    On August 26th, 2009 at 4:55 pm, Regulus said:

    Liberal logic:

    1. They’re not “illegal aliens,” they’re “undocumented Americans.”

    2. Cuba-Care must be for all [non-aristocratic] Americans.

    How easy can it be?

    Seriously, though, I agree with those who understand that the more vehemently the donks try to deny it, the more likely it is that they’re lying.

  25. #28
    On August 26th, 2009 at 4:57 pm, tarpon said:

    I saw a la Raza guy on tv, he said free healthcare was more important than AMNESTY.

  26. #29
    On August 26th, 2009 at 5:04 pm, sgcwi said:

    Tarpon I heard the same, that if they get healhtcare they will layoff the amensty.

  27. #30
    On August 26th, 2009 at 5:12 pm, Pasadena Phil said:

    I’ve been saying all along that Obamacare and Romneycare and all of these universal health entitlements are a masked amnesty bill. When these weasels return to DC in two weeks, they will pare down the bill to its essentials. They will quickly back-off the one-pay government option but will fight to the death over ensuring the uninsureds (illegals). Once they’re insured, it will be impossible to stop the amnesty.

  28. #31
    On August 26th, 2009 at 5:13 pm, FruNobulux said:

    Saaayyyy, Obama and the Demoncraps aren’t lying to us, are they? Aren’t they the party of the little guys? I’m a little guy, and you’re trying to tell me they’re lying to me? Wow, my world is shattered. Who would have thought Hope & Change would include lying?

    Next you’re going to tell me that the whole “Hope & Change” thing was one of those cynical ploys to make me think things were going to be all rainbows and unicorns when really it’s another term for “pork sword”.

  29. #34
    On August 26th, 2009 at 5:35 pm, Fenguri said:

    Congress is lying to us. No other explanation can exist, considering they are basically a group of lawyers.

    If illegal aliens are not specifically excluded from a Bill then by default, they ARE covered!

    Check your case law. More than once, the Dems have rejected Amendments to the various Health Care Bills that would have accomplished this exclusion. Why? Because they know FULL WELL that illegals shall be included in this Bill!

    I am disgusted with this Administration and its Congress. Anyone know of some other country I can move to where democracy still thrives???

  30. #35
    On August 26th, 2009 at 6:10 pm, Elm Creek Smith said:

    On August 26th, 2009 at 4:57 pm, tarpon said:
    I saw a la Raza guy on tv, he said free healthcare was more important than AMNESTY.

    Of course! It’s not like they’re deporting anyone.

    Hope is not a plan; not all change is good. WE are the civilian national security force! Bitter, Bible-clinging, tea-dumping, NRA members should clean and service their firearms and stock up on ammunition. The resistance is here; the resistance is now! RESIST!!!!!!!!!!!!

    ECS

  31. #36
    On August 26th, 2009 at 6:28 pm, pressto said:

    I mentioned this at Hot Air when Ed claimed: Health care coverage for illegal immigrants – Myth, at the moment.

    http://hotair.com/archives/2009/08/25/yahoo-misses-as-mythbusters/

    Glad you and others are starting to realize it is a myth when they have no enforcement in place.

  32. #37
    On August 26th, 2009 at 6:28 pm, happyscrapper said:

    On August 26th, 2009 at 4:11 pm, txvet2 said:
    Figures. They want to kill seniors to save enough money to take care of illegals.

    I am a senior and that is truly frightening. But I am also a Christian and I have hope that the only thing that will be killed is this bill!! Stand up, America! Don’t let them do this to us!! Socialized healthcare, crap and tax, immigration reform, government takeover of the private sector, “fairness” doctrine, unions running the Fed, ACORN and SEIU armies everywhere. Can we NOW question their patriotism?? This is treason…there is no other way to explain it.

  33. #38
    On August 26th, 2009 at 6:30 pm, cheapseat said:

    our gubmint only enforces the laws it wishes enforce, those it intends not to enforce get new laws passed so the implementation time is excusable. where’s that fence we’ve passed 10 laws over across our southern border?

  34. #39
    On August 26th, 2009 at 6:57 pm, Jet Jaguar said:

    I like to call ‘em “illegal Mexicans”

  35. #41
    On August 26th, 2009 at 7:25 pm, nbarry said:

    Wow! Giving illegals free health care enables their employers to pay them off the books and avoid workers compensation premiums on them.

  36. #42
    On August 26th, 2009 at 8:24 pm, Little Ma said:

    Did anyone else watch McShamnesty’s town hall yesterday? A woman questioned him on this very subject, and got a standing ovation! McCain had to wait for the crowd to sit down. Then, instead of answering the question, he changed the subject and started talking about how we must control our borders. I heard a few boos in the background.

    Aarrrggg! I’d like to smack his face!

  37. #43
    On August 26th, 2009 at 8:30 pm, fred5676 said:

    DO SOMETHING ABOUT IT!!

    Anyone complaining here who has not joined NumbersUSA.com to send FREE FAX’s is not doing enough.

    A great facility – easy to use, free, and contributions are totally voluntary.

  38. #44
    On August 26th, 2009 at 8:42 pm, lgm said:

    Do you want to influence the health care reform bill? Bear in mind that Democrats will pass something — they have the votes.

    If some Republican Senator would commit to voting for the bill in exchange for some concessions, concessions there would be. Look at what happened when Grassley was holding out hope that he might vote for a bill.

    Now Democrats are learning that Republicans will oppose the bill no matter what’s in it. They have no incentive to hold anything back — illegals, public option, death panels, you name it.

    Conservatives will be unhappy no matter what. But they will be a lot more unhappy if they continue to refuse to negotiate.

  39. #45
    On August 26th, 2009 at 9:07 pm, Member-VRWC said:

    On August 26th, 2009 at 8:42 pm, lgm said: Conservatives will be unhappy no matter what. But they will be a lot more unhappy if they continue to refuse to negotiate.

    As if The Zero and the rest of the thug democrat socialists would ever adhere to any agreed upon negotiation. They never have. They never will.

    It would be the same as negotiating with Satan.

    An old saying comes to mind: better dead than red. But know this: I’ll take a few socialists with me before I go.

  40. #46
    On August 26th, 2009 at 9:23 pm, FruNobulux said:

    On August 26th, 2009 at 8:42 pm, lgm said: Conservatives will be unhappy no matter what. But they will be a lot more unhappy if they continue to refuse to negotiate.

    Great logic. “Negotiate” or Dems will include stuff that will really fcuk the country, because that’s what they want to do! So surrender your principles.

    Only a lib could advance such an argument or believe that anybody but a feckless moron would accept it. Proves that libs think everyone is as morally bankrupt as they are.

  41. #47
    On August 26th, 2009 at 9:26 pm, happyscrapper said:

    Conservatives will be unhappy no matter what. But they will be a lot more unhappy if they continue to refuse to negotiate.

    Baloney! There is NO compromise on this abomination. It needs to be scrapped. There are better ideas out there, but the left won’t even listen to them. The he11 with them. And if they decide to go ahead and pass this anyway, they do it at their own peril. Heads will roll and many jobs will be lost. Count on it. We have compromised ourselves into the mess we are in now. No more.

  42. #48
    On August 26th, 2009 at 10:15 pm, DesertLover said:

    lgm …

    I rarely respond to your posts … however at least in tone this was one of your more thought out comments …

    You have a couple of fatally flawed assertions in your statement however …

    1. Conservatives are not 100% against reform … but they are against throwing the baby out with the bath water by scrapping the entire healthcare system and the insurance and other programs available (which are overwhelmingly approved by the public) and starting all over from scratch for the benefit of a miniscule number of people needing access to better health options …

    Conservatives say fix the problems but don’t mess with what is already working …

    2. Start out by telling the trial lawyers to shove it and give us tort reform so that the massive liability insurance for physicians won’t be necessary … getting rid of the multi-thousands of frivilous lawsuits alone will lower operating costs for the physicians and hospitals thus lowering costs of healthcare and insurance both …

    3. Next address some of the known issues … such as more availability to individuals by putting the 50 lobbyist controlled state insurance commissions out of business so that there are more companies available to select from … that is the competition needed … not some bureaucratic federally mandated and run program …

    That alone will be a step toward dealing with the portability issue simply because all companies will be able to sell their policies nationwide which will increase competition even more and cause a downward pressure on pricing …

    4. Next comes the insurance denial for pre-existing conditions … this can be handled separately through a separate pool of insurance coverages that would not affect the costs associated with the rest of the coverage policies …

    5. Use REAL NUMBERS … not the pulled out of the hat (or elsewhere) BS that keeps being thrown out there … there are not 50 million uninsured “Americans” … once you subtract those younger citizens that feel they don’t need insurance, along with all the people that qualify for one of the programs already available but never apply for coverage, followed by all the illegals who are not in fact U. S. Citizens you will find a very small percentage of people that can’t afford some level of health insurance … and all of those can get health care for free regardless through emergency care …

    These are just starters … do these things and then wait a few years and re-examine healthcare and see how much these initial steps did or did not accomplish and then adjust from there …

    Common Sense … alas … something the majority of the socialistic extremists on the left do not possess …

  43. #49
    On August 26th, 2009 at 10:19 pm, maisy said:

    They have far worse in store for us all…watch Glenn Beck….These weasels are our enemies

  44. #50
    On August 26th, 2009 at 10:22 pm, ArizonaNeanderthal said:

    If
    *You think We Are the World
    *There are no borders, only artificial boundaries
    *No people are illegal
    *Unequal Wealth is a crime
    *Private Property is a crime
    *America needs to be punished for Her Exceptionalism
    *America needs to be humbled

    Then Amnesty, Open Borders, Welfare for Guest Workers and the stripping of American Wealth is fully justified. Obama IS a Marxist and Internationalist as is his whole damn cadre and administration. Frank Marshall Davis taught him well.

    Yes indeed There is NO compromise on this abomination. Give half a load to a Liberal and he is back for half of what you have left and half again the year after that.

    WE are the civilian national security force! Bitter, Bible-clinging, tea-dumping, NRA members should clean and service their firearms and stock up on ammunition.

    :) Yes, yes and I do believe yes.

  45. #51
    On August 27th, 2009 at 6:15 am, Lockstein13 said:

    Related to Obamacare (though not the “illegals” aspect):

    http://online.wsj.com/article/SB10001424052970203706604574374463280098676.html

    Please note the graph/chart.

  46. #52
    On August 27th, 2009 at 9:03 am, dan708 said:

    Yes, the donkeys will do whatever they can to help their La Raza buddies. Trouble is, too many RINOs are likely to do the same. God, we need a third party!

  47. #53
    On August 27th, 2009 at 9:35 am, TigerLady said:

    On August 26th, 2009 at 8:42 pm, lgm said: Conservatives will be unhappy no matter what. But they will be a lot more unhappy if they continue to refuse to negotiate.

    I think I remember HImmler saying that to the Jews in Germany.

  48. #54
    On August 27th, 2009 at 10:06 am, Weary Citizen said:

    On August 26th, 2009 at 5:04 pm, sgcwi said:
    Tarpon I heard the same, that if they get healhtcare they will layoff the amensty.

    And whoever believes that, I have a bridge to sell them. Most likely, la raza knows this will draw more illegals and more anchor babies so they can increase their membership. In the end, they will push amnesty. They are biding time till they have the numbers to force it down our throat. By force if necessary.

    Rather than ELIMINATE THE MAGNETS that draw them here and allow ATTRITION THROUGH ENFORCEMENT to work, our idiot politicians continue adding to the magnets. Only a dumb*ss liberal would fail to see the fallacy of their arguments and actions. Like, how does adding more 3rd worlders, or from anywhere for that matter, in any way help the environment? It doesn’t. How does importing more 3rd worlders who are destitute and will work for peanuts in any way help the “poor” or assist the “war on poverty”? It doesn’t. I can’t tell is they do these things by design or they are truly that stupid.

  49. #56
    On August 27th, 2009 at 11:34 am, corkie said:

    On August 26th, 2009 at 8:42 pm, lgm said:

    Do you want to influence the health care reform bill? Bear in mind that Democrats will pass something — they have the votes.

    If some Republican Senator would commit to voting for the bill in exchange for some concessions, concessions there would be.

    “…concessions there would be?”

    This doesn’t make any sense. On one hand, you claim that Dems have the votes. On the other hand you indicate that they would happily grant concessions. Really? Please explain why they would?

  50. #57
    On August 27th, 2009 at 4:08 pm, Jet Jaguar said:

    On August 27th, 2009 at 11:34 am, corkie said:

    On August 26th, 2009 at 8:42 pm, lgm said:

    If some Republican Senator would commit to voting for the bill in exchange for some concessions, concessions there would be.

    “…concessions there would be?”

    This doesn’t make any sense. On one hand, you claim that Dems have the votes. On the other hand you indicate that they would happily grant concessions. Really? Please explain why they would?

    corkie, lgm is probably talking about cookies, soda, peanuts, and popcorn.

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