The eligibility of DACA recipients for Medicaid is being criticized by Republicans in the U.S. House of Representatives

WASHINGTON – A panel of the U.S. House of Representatives Oversight and Accountability Committee on Tuesday questioned a Biden administration official about the White House’s decision to allow undocumented people in the Deferred Action for Childhood Arrivals program to enroll in Medicaid or one enroll in private insurance under the Affordable Care Act.

The subcommittee chairwoman, Republican Rep. Lisa McClain of Michigan, argued that the policy decision to allow those under DACA access to health insurance “rewards illegal immigrants at the expense of.” [the] American citizen.”

“The proposal will incentivize further illegal immigration,” she said.

The hearing follows the Biden administration in April announced a rule that would change the definition of “legal presence” to include DACA recipients in Medicaid and Affordable Care Act coverage. Medicaid is a joint federal and state program that provides health insurance to low-income Americans and people with disabilities.

Democrats on the panel argued the hearing was an attack on DACA recipients and an opportunity for Republicans to criticize the Biden administration’s immigration policies.

“Somehow allowing people who live legally in the United States to purchase health care will create a border crisis,” said the committee’s top Democrat, Rep. Katie Porter of California. “It would be funny to see this bad argument fall apart if it wasn’t such a waste of time.”

The only witness was Ellen Montz, deputy administrator and director of the Center for Consumer Information and Insurance Oversight at the Centers for Medicare and Medicaid Services, part of the U.S. Department of Health and Human Services.

Montz said the proposed rule would allow about 129,000 DACA recipients access to health insurance marketplaces, the Basic Health Program and some Medicaid and children’s health insurance programs. If finalized, the rule would take effect on November 1st.

“The COVID-19 public health emergency has highlighted once again how important it is that this population has access to high-quality, affordable health care,” she said.

Montz said about 200,000 DACA recipients were considered vital workers in the early stages of the pandemic.

“During the peak of the pandemic, essential workers were disproportionately likely to contract COVID-19,” she said. “These factors underscore how increasing access to affordable health insurance would improve the health and well-being of many DACA recipients who currently lack insurance coverage.”

There are approximately 600,000 DACA recipients who are protected from deportation considered legally present in the United States

Applications for the DACA program have been submitted stopped since 2021 following an injunction from a Texas judge who will also determine whether the program is legal.

Even if applications could be accepted, immigration advocates have criticized the fact that thousands of undocumented youth are ineligible for the program, some because they weren’t even born yet. To qualify, an undocumented youth must have lived in the United States continuously since 2007.

Immigration policy

Republicans on the panel argued that DACA is considered unlawful because of Texas’ decision and therefore health care coverage should not be extended to these recipients.

The program was not ruled unlawful – the Texas judge found the Obama administration memorandum that created the program illegal, so the Biden administration went through the formal rulemaking process that is now before the Texas judge.

That decision is expected in the coming months and if DACA is deemed unlawful, the case is expected to go to the U.S. Supreme Court in 2024.

McClain objected to HHS’s overhaul of immigration policy. She said immigration reform must be left to Congress.

Montz said the agency does not develop immigration policy and has the authority to set definitions.

“Are we legally obligated to provide health care to DACA recipients over American citizens?” McClain asked Montz.

Montz said DACA recipients are considered to be in the country lawfully and therefore the Affordable Care Act would be extended to them.

“This rule expands eligibility, it does not limit eligibility for any other category,” Montz said.

Democratic Reps. Alexandria Ocasio-Cortez of New York and Greg Casar of Texas said they found the hearing inappropriate after receiving news of one joint Houston Chronicle investigation and the San Antonio Express News Republican Texas Governor Greg Abbott ordered border guards to force migrant children into the Rio Grande and deny them water. Wires were also laid along the waterfront, resulting in injuries to many migrants.

“We are conducting this hearing after Governor Abbott in Texas ordered Texas soldiers to push children and infants into the Rio Grande. And now today we have a hearing about why we should deprive people who were brought here as children of health insurance,” Ocasio-Cortez said.

Ocasio-Cortez said that DACA recipients Pay about $9 billion in taxesEvery year.

“I don’t know of a group of people who are more patriotic to this country than DACA recipients,” she said. “They give and they give and they give to a country that doesn’t return their love.”

Republican Reps. Glenn Grothman of Wisconsin and Eric Burlison of Missouri said the recent rule would be too costly.

“At the end of the day, health care costs a lot of money,” Burlison said. “And this nation is almost broke.”