ICE Cannot Use Healthcare.gov to Deport Undocumented Immigrants from US Will Hagle - Opposing Views
go to original November 5, 2013

Although the new health care exchange system requires potential enrollees to include a slew of personal information prior to viewing pricing options — including individuals’ immigration status — none of the information reported to the site is legally allowed to be used to enforce immigration law.

In a memo entitled “Clarification of Existing Practices Related to Certain Health Care Information,” the U.S. Immigration and Customs Enforcement office explained that their policy of collecting information on immigration status from health care providers has not changed despite the new federal system. The memo explains that the ICE cannot use any of the personal information provided by individuals about their own immigration status or the status of their families as evidence of breaking immigration laws. More specifically, the memo states:

Information provided by individuals for such coverage may not be used for purposes other than ensuring the efficient operation of the Marketplace or administering the program, or making or verifying certain eligibility determinations, including veryfing the immigration status of such individuals ... ICE does not use information about such individuals or members of their household that is obtained for purposes of determining eligibility for such coverage as the basis for pursuing a civil immigration enforcement action against such individuals or members of their household.

Under the provisions outlined by the Affordable Care Act, undocumented immigrants are not able to gain access to lower health care rates, as the law applies only to those residing in the country legally.

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