The Biden administration has recently finalized regulations that will provide taxpayer-funded benefits to individuals who entered the country without authorization by defining them as “lawfully present.” This rule expands access to taxpayer health benefits for certain populations under Obamacare, focusing on individuals participating in the Deferred Action for Childhood Arrivals (DACA) program. However, the final rule only applies the change to the insurance exchanges, not Medicaid, at least for now.
The administration’s decision not to finalize the Medicaid change may be due to concerns about legal challenges and potential costs to state governments. By making DACA participants eligible for exchange subsidies instead of Medicaid, the administration aims to avoid giving states grounds to challenge the rule. The rule is estimated to increase federal spending by $1.15 billion by 2028, although this figure may be underestimated.
Critics argue that the administration’s actions undermine the rule of law and democratic principles by unilaterally declaring certain individuals “lawfully present.” The administration’s approach to providing benefits to individuals who entered the country illegally has sparked controversy and raised questions about the fairness and legality of the decision.
Author Chris Jacobs highlights the potential impact of the new regulations and the ongoing debate over immigration policy and taxpayer-funded benefits for undocumented individuals. He emphasizes the need for a balanced and transparent approach to address these complex issues.
