President Biden has decided to let thousands of illegal immigrants join ObamaCare and Medicaid through the DACA or "Dreamers" program but according to an opinion piece by Merrill Matthews of The Hill, this action is illegal and The Supreme Court will ultimately decide the constitutionality. According to a resident scholar from the Institute for Policy Innovation in Dallas, "There's just one little, teensy weensy problem with President Biden's announcement that he will let 'Dreamers' join the Affordable Care Act (ObamaCare) or Medicaid — it’s illegal.” In Matthews opinion article, he wrote “I know what you’re thinking: When has an action being illegal ever stopped Biden? And you’re right, it usually doesn’t. But while illegality won’t stop him, the U.S. Supreme Court almost certainly will." Matthews went on to say “The DREAM Act (hence, the name Dreamers) was first introduced in 2001, often with some bipartisan support. It would have granted permanent resident status to certain young illegal immigrants brought to the United States by their parents, and it could have created a path to U.S. citizenship." When President Obama created the DREAM Act, he knew it wouldn't pass through Congress so he announced an executive order right before his reelection for his second term in office. “Obama’s executive order stated: ‘Effective immediately, the Department of Homeland Security is taking steps to lift the shadow of deportation from these young people. Over the next few months, eligible individuals who do not present a risk to national security or public safety will be able to request temporary relief from deportation proceedings and apply for work authorization." At the time, President Obama clearly expressed that this executive order was not a pathway to citizenship, and President Trump even offered to exchange citizenship for more border security and wall funding but the Democrats decided against it.
President Biden ran on the promise to pass some kind of Dreamer legislation but failed even when the Democrats controlled both chambers of Congress.
According to Matthews, "Notice that Biden is ignoring the clear language of the law in both programs, which exclude undocumented individuals. Healthcare.gov (the ObamaCare website) says, ‘Undocumented immigrants aren’t eligible to buy Marketplace health coverage, or for premium tax credits and other savings on Marketplace plans. But they may apply for coverage on behalf of documented individuals.'”
“And the Centers for Medicare and Medicaid Services (CMS) is even more explicit: ‘Individuals granted deferred action under DHS guidance issued on June 15, 2012 are not eligible to purchase coverage through the Marketplace,'” Matthews pointed out. “How does Biden plan to skirt the law? The White House states, ‘The Department of Health and Human Services will shortly propose a rule amending the definition of ‘lawful presence,’ for purposes of Medicaid and Affordable Care Act coverage, to include DACA recipients,'” he wrote. “And there you have it. The Biden administration plans, without congressional approval, to change the definition of those who are considered lawfully present in the United States to include Dreamers. Both ObamaCare and Medicaid allow certain noncitizens who are ‘lawfully present,’ such as green card holders, to participate. So, Biden will just claim that Dreamers are lawfully present," and the pathway is clear Matthews insisted. If President Biden can change definitions at anytime in order to twist the law, he can bypass Congress completely and become an unchecked President. “Dreamers are the most sympathetic group of undocumented people hoping for citizenship. And a large majority of the public supports a pathway to citizenship for them. But Biden doesn’t get to defy the law just because Congress won’t change it. And that’s the issue,” he wrote. “This practice has become commonplace since Obama’s presidency.” “Democrats want to pass a bill or change a law they don’t like. But they don’t have the votes. So, the president signs an executive order to do it anyway, even though Democrats know that doing so is illegal. (Recall that Obama said exactly that about the Dreamers before he issued his DACA executive order, and there was Biden’s repeated effort to extend his eviction moratorium.). Democrats then take credit for doing something “courageous” and task progressives to publicly assert that what the president has done is clearly legal and appropriate,” he asserted.
President Biden is clearly trying to bypass Congress with this plan and the U.S. Supreme Court is the only check left to save Americans from progressive overreach.