This week saw the beginning of the individual-enrollment period for the
Patient Patient and Affordable Care Act ("ObamaCare"). It also
saw the passage in California of a law that would allow undocumented immigrants
to receive driving privileges. How these two developments affect immigrants
is yet to be seen, but it's not as simple as some would suggest.
For instance, undocumented individuals, or unlawfully present immigrants
as they are also called, already do not qualify for Medicaid, which is
expanded by ObamaCare. They also would not qualify for subsidized medical
insurance that could be provided to them through each individual state's
insurance exchange. However, ironically, ObamaCare specifically exempts
such individuals also from the tax the U.S. Supreme Court earlier this
year found could be levied against those who do not comply with ObamaCare's
individual mandate. While some unlawfully present individuals may rejoice
by their ability to avoid that tax, others are hurt by the inability to
receive subsidized medical insurance. Resolving one's immigration
situation would enable such persons to be eligible for subsidized medical
insurance and perhaps ultimately Medicaid altogether.
Regarding the passage in California of AB-60, the legislative bill that
would extend driving privileges to undocumented immigrants, it is important
to note, first, that the law will not go into effect probably until the
end of 2014 because of the time it will take for the changes to be implemented
and, second, that the driving-privileges cards issued will be different
from driver's licenses. Therefore, in a way, once the new cards are
finally issued, they will differentiate the cardholder immediately from
regular driver-license holders. Exposing one's unlawful presence in
such a clear way may not be acceptable to certain undocumented immigrants,
and it will be a subject of debate how clear that differentiation will be made.
The below video also discusses the two recent events while ending with
a summary of the current status of the Government shutdown and its effect
on immigration-related services: