News/Commentary

Biden’s plan to expand health care for ‘Dreamers’ deemed illegal, will likely head to SCOTUS

April 18, 2023 | | Print Article

Merrill Matthews wrote an opinion piece over at The Hill that nailed President Biden for declaring that he’s going to put thousands of illegal immigrants on ObamaCare and Medicaid under the DACA or “Dreamers” program, contending it is illegal and will in all likelihood head to the U.S. Supreme Court.

(Video Credit: MSNBC)

“There’s just one little, teensy weensy problem with President Biden’s announcement that he will let ‘Dreamers’ join the Affordable Care Act (ObamaCare) or Medicaid — it’s illegal,” the resident scholar with the Institute for Policy Innovation in Dallas, Texas wrote.

“I know what you’re thinking: When has an action being illegal ever stopped Biden? And you’re right, it usually doesn’t. But while illegality won’t stop him, the U.S. Supreme Court almost certainly will,” Matthews proclaimed in his piece published at The Hill.

“The DREAM Act (hence, the name Dreamers) was first introduced in 2001, often with some bipartisan support. It would have granted permanent resident status to certain young illegal immigrants brought to the United States by their parents, and it could have created a path to U.S. citizenship,” he explained.

Matthews goes on to recount how former President Obama was frustrated that Congress wouldn’t pass the DREAM Act during his first term. In response to that impasse, Obama announced an executive order mandating the Deferred Action for Childhood Arrivals (DACA) program on June 15, 2012, which was just four months before he ran for reelection in a pandering move aimed at the Hispanic community.

“Obama’s executive order stated: ‘Effective immediately, the Department of Homeland Security is taking steps to lift the shadow of deportation from these young people. Over the next few months, eligible individuals who do not present a risk to national security or public safety will be able to request temporary relief from deportation proceedings and apply for work authorization,'” the author noted.

“Obama stressed that the DACA program was ‘not a pathway to citizenship’ for Dreamers. President Trump twice offered to move in that direction in exchange for Democrats funding his border wall. They refused,” he added.

President Biden also failed to get Dreamer legislation through despite the fact that Democrats controlled both the House and the Senate during the first two years of his term. That has led to Biden making a promise he almost certainly can’t keep… that he will enroll “Dreamers” in taxpayer-subsidized ObamaCare and Medicaid.

“But notice that Biden is ignoring the clear language of the law in both programs, which exclude undocumented individuals,” Matthews pointed out. “Healthcare.gov (the ObamaCare website) says, ‘Undocumented immigrants aren’t eligible to buy Marketplace health coverage, or for premium tax credits and other savings on Marketplace plans. But they may apply for coverage on behalf of documented individuals.'”

“And the Centers for Medicare and Medicaid Services (CMS) is even more explicit: ‘Individuals granted deferred action under DHS guidance issued on June 15, 2012 are not eligible to purchase coverage through the Marketplace,'” he wrote.

Matthews goes on to point out that eligibility of illegal immigrants for ObamaCare was heavily debated and dismissed. He also noted that illegal immigrants are not eligible to enroll in Medicaid and the Children’s Health Insurance Program (CHIP).

“How does Biden plan to skirt the law? The White House states, ‘The Department of Health and Human Services will shortly propose a rule amending the definition of ‘lawful presence,’ for purposes of Medicaid and Affordable Care Act coverage, to include DACA recipients,'” he elaborated.

“And there you have it. The Biden administration plans, without congressional approval, to change the definition of those who are considered lawfully present in the United States to include Dreamers. Both ObamaCare and Medicaid allow certain noncitizens who are ‘lawfully present,’ such as green card holders, to participate. So, Biden will just claim that Dreamers are lawfully present,” Matthews warned.

Changing definitions in order to twist the law has become standard fare for the Biden administration. It basically allows the president to do whatever he wants without the approval of the House and Senate or, for that matter, from the American people.

“Dreamers are the most sympathetic group of undocumented people hoping for citizenship. And a large majority of the public supports a pathway to citizenship for them. But Biden doesn’t get to defy the law just because Congress won’t change it. And that’s the issue,” the author commented. “This practice has become commonplace since Obama’s presidency.”

“Democrats want to pass a bill or change a law they don’t like. But they don’t have the votes. So, the president signs an executive order to do it anyway, even though Democrats know that doing so is illegal. (Recall that Obama said exactly that about the Dreamers before he issued his DACA executive order, and there was Biden’s repeated effort to extend his eviction moratorium.),” Matthews asserted.

“Democrats then take credit for doing something “courageous” and task progressives to publicly assert that what the president has done is clearly legal and appropriate,” he said.

Matthews goes on to astutely conclude what the response from Democrats will be if the case is taken up the legal food chain.

“If a lawsuit is filed to stop the president’s plan, as it almost surely will be, Democrats will claim it’s just another example of Republicans trying to hurt immigrants and the poor. If the Supreme Court strikes down the action, which is almost certain, Biden and other progressives can blame it on the white supremacist justices and assert that’s why they need to pack the court with more progressives,” he said, presciently predicting the outcome.

“SCOTUS may save us from Biden’s overreaches, but who will save us from the progressive onslaught?” Matthews asked, concluding his piece.

 

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