Two Republican lawmakers, Sen. J.D. Vance of Ohio and Rep. Josh Brecheen of Oklahoma, have introduced legislation to disqualify unlawful migrants from receiving benefits under the Affordable Care Act, aka Obamacare.

Known as the No Obamacare for Illegal Aliens Act of 2023, the legislation would put a stop to the Biden administration’s expansion of healthcare benefits for Deferred Action for Childhood Arrivals (DACA) participants.

The proposed legislation would prevent unlawful migrants remaining in the U.S. through DACA from qualifying for “taxpayer-funded healthcare and plan markets,” a joint press release from the office of Sen. Vance and Rep. Brecheen reads.

“The American taxpayer should never be forced to cover the cost of healthcare for illegal immigrants,” said Senator Vance via the press release. “It’s common sense: people who break our laws should not reap the benefits of public programs intended for lawful citizens.”

Referring to the allure of free healthcare as an enticement to enter the country unlawfully, Rep. Brecheen warned in the press release, “This is all part of President Biden’s open-border agenda that has so far led 5.5 million aliens to enter our country illegally — more than the population of Oklahoma.”

According to the press release, if the plan to cover DACA recipients were enacted, it would cost $100 million just for 2024. The release also notes that when Obamacare was passed, President Obama said that it would not insure unlawful migrants.

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Specifically, DACA recipients would be excluded from “health plans offered on the Exchanges, advance payments of the premium tax credit, cost-sharing reductions, a Basic Health Program, and for Medicaid and the Children’s Health Insurance Programs, and for other purposes.”

Under the proposed legislation, unlawful migrants would still be eligible for emergency medical services through Medicaid and the protections afforded by the Emergency Medical Treatment and Labor Act.

The Dallas Express reached out to Chris Russo, president of Texans for Strong Borders, an immigration policy advocacy group, for comment about the DACA eligibility program and this effort to end it. In an email response, Russo questioned the legality of DACA and praised the proposed bill.

“Sen. Vance has been perhaps the single U.S. Senator who has at every turn worked to put the interest of America and Americans first in his freshman term. This is no exception,” Russo said. “DACA is a blatantly illegal federal program with no basis in statute. The failure of courts to properly address this is no reason for Americans to be forced to subsidize health care plans through the Obamacare exchange.”

“Our tax dollars, if they go towards subsidized health care at all, should go towards helping American citizens, not foreign nationals with no right to reside in our country, much less receive benefits that should be reserved for citizens.

“This is common sense, and other Republican members of the U.S. Senate should seek to emulate Vance’s record of putting America and her interests first, ahead of the interests of foreign nationals and big business.”

The Dallas Express also contacted United We Dream, a group that advocates on behalf of DACA recipients, for comment on the proposed legislation and received an email response from Deputy Communications Director José Muñoz.

“Going to the doctor for an annual check-up or when you’re sick is a human need. Unfortunately, for many people, especially undocumented people, affordable health insurance is often inaccessible or outright denied. The Biden Administration’s rule ensuring that people with DACA are no longer denied health care coverage by being able to buy insurance through the Affordable Care Act marketplace is a welcomed change,” reads the response.

“It’s cruel that politicians like Senator Vance are using their time in office trying to deny needed health care from thousands of DACA recipients in his home state of Ohio, many of whom play an essential role in providing the same health care he seeks to deny them.”

In support of this, Muñoz also included a link to an article that reported 1,200 DACA recipients in Ohio worked in essential roles in 2020 during the COVID-19 pandemic, including healthcare.