When the Deferred Action For Childhood Arrivals (DACA) was created, it was supposed to be a temporary prosecutorial discretion action for certain illegal aliens brought to the United States as minors. Instead the program is continuing as it was intended, a permanent amnesty for that group of illegal aliens. The Biden Regime has tried to put the lipstick of legality on the illegal alien pig, but it still has not stuck, because a pig is still a pig, even with lipstick, and an illegal alien is still an illegal alien even with “deferred action” or prosecutorial discretion, as I explained back in 2012.
In the latest manifestation of the Biden Regime Administrative Amnesty, the DACA illegal aliens are being granted new and expanded welfare benefits, this time access to Medicaid and Obamacare.
President Joe Biden announced Thursday that hundreds of thousands of immigrants brought to the U.S. illegally as children will now be able to apply for Medicaid and the Affordable Care Act’s health insurance exchanges.
The action will allow participants in the Obama-era Deferred Action for Childhood Arrivals program, or DACA, to access government-funded health insurance programs.
“They’re American in every way except for on paper,” Biden said in a video released on his Twitter page. “We need to give Dreamers the opportunities and support they deserve.”
The move is likely to generate significant pushback from conservative leaders of states that have been have been reluctant to expand Medicaid and critical of the Biden administration’s response to migrants who enter the U.S. illegally. While the federal government provides funding and guidelines for Medicaid, the program is administered by the states.
[Biden Says He’s Expanding Some Migrants’ Health Care Access, by Zeke Miller, Amanda Seitz And Michael Balsamo, Associated Press, April 13, 2023]
While this contradicts the claims by the Obama Regime that DACA illegal aliens would not get welfare, it is a terrible move by the Biden Regime as it supports the claims by Texas Attorney General Ken Paxton that the program is both illegal under Federal law and an unconstitutional usurpation of the authority of Congress to legislate, but supports the claims by the States in the lawsuit against DACA that the States have standing, as the States will be paying for a large part of the welfare bill for these supposedly productive illegal aliens.
That is important, as when the Biden Regime rewrote DACA and submitted it for public comment, it claimed that the DACA illegal aliens were productive members of society, which would contradict their need for more welfare benefits.
In establishing this policy, known as DACA, then-Secretary Napolitano emphasized that for the Department to use its limited resources in a sensible manner, it necessarily must exercise prosecutorial discretion. Then-Secretary Napolitano observed that these “young people . . . were brought to this country as children and know only this country as home” and as a general matter “lacked the intent to violate the law.” She reasoned that limited enforcement resources should not be expended to “remove productive young people to countries where they may not have lived or even speak the language.”
[Deferred Action For Childhood Arrivals, Final Rule, Department of Homeland Security, August 30, 2022]
With this welfare expansion another issue arises: Any DACA recipient who uses Obamacare and Medicaid is deportable under the Public Charge law that prohibits admission of, adjustment of, and requires deportation of, aliens who used public benefits.
While expanding welfare, the Biden Regime is claiming that DACA are super workers, better than real Americans, but also that they need welfare.
The commenters stated that ending DACA would cripple the nation’s healthcare system and cost small business employers over $6 billion in turnover costs from losing investments in training DACA workers and having to recruit and train potentially less productive, new workers.
Quite an act of chutzpah for the Jewish and Cuban head of the Department of Homeland Security, Alexandro Mayorkas, to claim that DACA are the best workers, who saved America from the China Flu, then claim they need billions in healthcare paid for by real Americans because they are so poor they cannot afford health insurance.
The worst aspect of this renewed DACA expansion is that Judge Andrew Hanen appears to be backtracking on the legality and constitutionality of DACA.
During Friday’s hearing, Hanen seemed hesitant about tackling the constitutionality of the DACA program with any ruling he would make and said he wanted all parties involved to initially focus on issues related to the federal Administrative Procedures Act in reviewing the new regulation.
Judge Rules New DACA Program Can Continue Temporarily, by Juan A. Lozano, Associated Press, October 14, 2022
I hope Judge Hanen doesn’t get cold feet. As he observed in his first ruling, DACA is illegal and usurped the authority of Congress to make immigration policy by statute.