Health Law Limitations for Young Immigrants

In June, President Obama was pleased to announce the Deferred Action for Childhood Arrivals (DACA) Memorandum – but with some ineligibilities. The Obama Administration has ruled that young immigrants, who can apply to DACA, will not qualify for health insurance under Obama’s health care renovations.

Young Immigrants Ineligible for Health Law

Normally, immigrants would fall under the definition of “lawfully present” residents, which qualifies them for government subsidies to purchase private insurance, a major facet of the new health care law. However in August, the administration declared that young immigrants will be barred from the definition of “lawfully present”.

Obama’s administration also announced that young immigrants will not be eligible for Medicaid or the Children’s Health Insurance Program – the areas of immigration and health care coverage are separate issues.

Immigration and Health Laws are Unrelated

The administration further justified their decision by stating that the immigration initiative is “an exercise of prosecutorial discretion,” that has been enacted so law enforcement officers can differentiate between immigrants who will cause a threat to national security or public safety.

According to the new federal health law, only citizens and “lawfully present” low-income immigrants are eligible for insurance subsidies. This group still includes green card holders and people granted asylum.

Immigrants who are employed, and qualify for DACA, will still be able to receive health insurance from employers; however, those who are not covered by employers will struggle to gain coverage.

(NYTimes, “Limits Placed on Immigrants in Health Law”, 18 Sept 2012)

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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