Rep. Lamar Smith of Texas exposes the “No Illegal Aliens” covered by ObamaCARE loopholes in HR3200

Rep. Lamar Smith of Texas explains how a new, non-partisian report called the Congressional Research Service (CRS), validates that numerous loopholes may allow illegal immigrants to benefit under the bill HR3200:

(WASHINGTON) – President Obama on Saturday continued the hard sell for the Democrats’ healthcare scheme with a radio address that purported to expel myths associated with the bill. There is just one problem: his statements don’t match the facts.

The President’s radio address started by calling it a “false claim that illegal immigrants will get health insurance under reform.” But his statements are contradicted by fact. A new report by the Congressional Research Service (CRS) validates that numerous loopholes may allow illegal immigrants to benefit under the bill.

House Judiciary Committee Ranking Member Lamar Smith said:

“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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August 26, 2009 · Filed Under ObamaCARE

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One Response to “Rep. Lamar Smith of Texas exposes the “No Illegal Aliens” covered by ObamaCARE loopholes in HR3200”

Brittancus on August 26th, 2009 5:52 pm

n ominous pattern is slowly emerging towards an inevitable power play on pushing another amnesty through Congress. We need to take the many consequences into consideration:
1 We already had an enforceable 1986 law to stop the illegal immigrant invasion of our country, but it has been intentionally ignored? So–WHY–are they adamant in passing another immigration law?
2. Most enforcement legislation has been crushed or weakened by many of the politicians we voted into office.
3. That many of our own government members have pandered to the special interest lobbyists and not voters.
4 For decades American taxpayers have been supporting, business welfare, who have never contributed to foreign national workers. That emergency hospitals, must attend any foreign person who enters its doors, illegal or legal? ICE should be on standby and demand who that individual is working for and subsequently make the employer pay instead of the taxpayers.
5. That Democrats are downplaying that the 20 plus illegal immigrant families living here, will not have access to the health care reform package? But are not saying that if a new path to citizenship is enacted, they can automatically get health care?
6. Should a new immigration reform package is passed, what’s stopping millions more poor, uneducated people storming the border.
7. Why did Sen. Harry Reid, Speaker Nancy Pelosi and other members of the party try to dismantle E-Verify and under fund the border fence, so it was only a single layer instead of two tiers?
8 That E-Verification is working and working well, so no wonder the US Chamber of Commerce, ACLU, Cato Institute and a large majority of anti-sovereignty groups have been involved in lawsuits, and questionable appeasement by politicians to kill the any enforcement laws.

9. Why are we still inviting around a million new immigrants a year, when their are about 15 million jobless Americans? My health care experience was mainly in England, Germany and 15 months in Australia and prior to the mass European immigration invasion was positively first class. FIRST CLASS AND EXEMPLARY! THERE WAS NO SUCH THING AS RATIONING?

Of all the states that–SHOULD–be using E-Verify, is the illegal immigrant sanctuary state of California. Illegal immigration attributed to the near bankruptcy of California and is a prime example of intentionally ignoring immigration laws. The U.S. Census Bureau projections issued in the year 2000, that the United States is precisely on track to have a population of 1.182–BILLION–in the year 2100. So much for future American population is OVERPOPULATION.

GET RAW ANSWERS AT NUMBERSUSA Contact those in WASHINGTON! NO MORE AMNESTIES. USE ATTRITION TO DEPORT ILLEGAL WORKERS THROUGH E-VERIFY, 287 G, NO MATCH SOCIAL SECURITY LETTERS AND LIGHTENING ICE RAIDS. CONTACT YOUR POLITICIAN 202-224-3121 AND DEMAND NO WEAKENING OF CURRENT 1986 (IRCA) OTHER SITES FOR INFORMATION IS HERITAGE FOUNDATION, JUDICIAL WATCH.

PS: Least we forget that Ted Kennedy RIP–NEVER TOLD THE TRUTH–when he promised their would be no more AMNESTIES, after the 1986 immigration reform act?

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