Does Loophole Extend Health Coverage to Illegal Aliens Via Dependents?
Section 246 may also be rendered ineffective by virtue of Section 242(a)(2). 242(a)(2) states “members of the same family… shall be treated as a single affordable credit individual eligible.”6 This raises the question of whether a family of illegal aliens can qualify for the affordability credit because they have a single family member who is eligible. For example, could an illegal alien woman receive the credit for herself simply by giving birth to a child in the United States? If so, this exception would negate the general rule barring illegal aliens from receiving the credit and would impose a significant cost burden on the American taxpayers. (5) Recent Congressional Enactment to Limit Benefits for Illegal Aliens. In recent years, Congress has enacted various provisions to effectively preclude illegal aliens from receiving taxpayer-funded benefits. For example, the Welfare Reform Act of 1996 contained a number of reforms to ensure that only “qualified aliens” (which excludes ille
