Posted on 09/11/2009 4:27:37 AM PDT by Pete
Is there an amnesty provision in the health care bill. Read this from the Congressional Research Service. http://tinyurl.com/lxjlrv
For federal tax purposes, alien individuals are classified as resident or nonresident aliens. In general, an individual is a nonresident alien unless he or she meets the qualifications under a residency test. Thus, legal permanent residents, and noncitizens and unauthorized aliens who qualify as resident aliens (i.e., meet the substantial presence test), would be required under H.R. 3200 to have health insurance.
Once they meet the "substantial presence test" and become resident aliens, does that make them "lawful" and "authorized". If so, then what of this?
In 2013, under H.R. 3200, some individuals would be eligible for premium credits (i.e., subsidies based on income) toward their required purchase of health insurance. To be eligible for the premium credits under H.R. 3200, individuals must be lawfully present in a state in the United States, excluding most nonimmigrants (i.e., those in the United States for a specific purpose and a specific period of time). The exceptions for nonimmigrants who could obtain premium credits under H.R. 3200 would be trafficking victims, crime victims, fiancées of U.S. citizens, and those who have had applications for legal permanent residence (LPR) status pending for three years. It is expected that almost all aliens in these excepted nonimmigrant categories will become LPRs (i.e., immigrants) and remain in the United States permanently. Furthermore, unauthorized aliens would be barred from receiving the premium credit.
It sounds to me that an illegal alien who meets a substantial presence test becomes a resident alien and, so, would be authorized. In that case, they would be eligible for the premium subsidy. Either way, illegals would able to purchase a health insurance plan in the coop. See this:
H.R. 3200 does not contain any restrictions on noncitzens participating in the Exchangewhether the noncitizens are legally or illegally present, or in the United States temporarily or permanently.
IIRC, there was also an amendment offered by the pubs to explicitly exclude illegals and the dems voted it down.
Also, Barry said recently it was a “moral obligation” to provide care for illegals.
Aside from this, it won’t really matter. Any illegal here today will be made a citizen before 2013 anyway.
There were two amendments to *require* that residency status be verified before participating in insurance exchanges or receiving of subsidies, but those verification provisions were voted down by the dims.
There is one fig leaf line that says no federal funds to 'unauthorized aliens', but there are no verification proceedures, and no enforcement proceedures, so it is meaningless.
Illegal Alien don't ask-don't tell.

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The antics of the Acorn folks in finding ways to circumvent the law for a hooker and a pimp running an underage sex trafficking business gives us a glimpse into how "eligibility" for health care subsidies will be handled.
Now we have a bill which lacks the precise phrase "Free Health care will be provided for illegal aliens in the following ways ..."
And the Democrats simply want us to believe that the lack of that precise phrase is proof that illegal aliens won't receive benefits. I'm not buying it.
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