Opinion:The Illegality of Extending ObamaCare to DACA Recipients A Constitutional Challenge

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The Biden-Harris administration has embarked on a path that defies established law by attempting to extend ObamaCare subsidies to beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program. This move, which is arguably one of the most controversial in a series of executive actions taken by this administration, raises serious legal and constitutional concerns. Notably, many of the administration's executive actions have already been struck down by federal courts, further highlighting the contentious nature of this recent initiative.

 

The Personal Responsibility and Work Opportunity Act of 1996 is a pivotal piece of legislation that clearly prohibits providing public benefits to individuals who are in the United States illegally. However, the Department of Health and Human Services (HHS) has introduced a new regulation that seeks to extend ObamaCare subsidies to DACA recipients. The HHS justifies this by declaring that DACA beneficiaries are "lawfully present," and therefore eligible for these taxpayer-funded healthcare subsidies. 

 

This rationale is highly questionable. The very premise of DACA is that it defers the deportation of individuals who are not lawfully present in the United States. To qualify for DACA status, an individual must have entered the U.S. illegally. The 2012 memo that established DACA makes it explicitly clear that the program "confers no substantive right, immigration status or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights." Moreover, at least two federal courts have ruled that DACA itself is illegal, further complicating the administration's attempt to grant these individuals access to ObamaCare subsidies.

 

The implications of the new Biden-Harris rule could be far-reaching, particularly concerning the ongoing crisis at the U.S. border. The prospect of taxpayer-subsidized healthcare could serve as an incentive for more individuals to attempt to enter the country illegally. The message that illegal behavior will be rewarded with public benefits is likely to resonate in the home countries of potential illegal immigrants, encouraging more people to make the dangerous journey to the U.S.

 

Kamala Harris, who has been designated as the administration's lead on immigration issues, has overseen a period during which U.S. Customs and Border Protection (CBP) has recorded unprecedented numbers of encounters with individuals crossing the border illegally. On average, CBP reports more than 200,000 such encounters each month, with some months surpassing 300,000. These figures do not even account for the individuals who manage to evade apprehension altogether, suggesting that the actual number of illegal entries is even higher.

 

The American public deserves a more effective and lawful approach to immigration. It is fundamentally unjust for illegal aliens to receive a "free pass" into the country, let alone access to taxpayer-funded benefits upon their arrival. The Biden-Harris administration's attempt to extend ObamaCare subsidies to DACA recipients represents a clear violation of federal law, and it is imperative that this illegal regulation be stopped before it goes into effect.

 

As part of the effort to prevent this regulation from being implemented, a multistate lawsuit has been initiated. This legal challenge seeks to uphold the rule of law and protect the interests of American citizens who expect their government to enforce immigration laws fairly and consistently. The outcome of this lawsuit could have significant implications for the future of immigration policy in the United States and the ongoing debate over the limits of executive authority.

 

In conclusion, the Biden-Harris administration's attempt to extend ObamaCare subsidies to DACA recipients is not only illegal but also poses a serious threat to the integrity of the U.S. immigration system. The American people deserve a government that respects the rule of law and prioritizes the interests of its citizens over those who have entered the country illegally. This lawsuit is a crucial step in ensuring that the administration's overreach is checked and that federal law is upheld.

 

Credit: WSJ  2024-08-12

 

 

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[Tug]

A lot of this article is misleading to be eligible for daca a person must have been in the USA continuously since 2012 new arrivals are not eligible that’s for starters that information is available within 10 seconds via google.most won’t bother to look it up and immediately jump to the wrong conclusions