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Democrat Plan: Health Care for ‘Illegal Immigrants’

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October 8, 2025
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Democrat Plan: Health Care for ‘Illegal Immigrants’
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At the heart of the federal government shutdown is a debate over free and subsidized health care: who should have access and who shouldn’t. Republicans accuse Democrats of wanting to include “free health care for illegals” in their funding package, while Democrats argue they aim to prevent millions from losing Medicaid or lower-cost insurance.

Here’s what lies behind the political rhetoric:

– **Can ‘illegal immigrants’ get federally funded health care?** No, but some legally residing immigrants were affected by changes in the Republican bill. Democrats want to restore Medicaid and marketplace access to pre-summer levels, making more Americans eligible.

– **What does the Democratic budget proposal say about health care?** Democrats propose a continuing resolution that would fund most programs at 2025 levels, reverse deep cuts Republicans made to Medicaid, and preserve a tax credit set to expire. The new law tightened Medicaid eligibility for some immigrant groups.

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In a unique start to his ruling against President Donald Trump’s administration on September 30, U.S. District Court Judge William Young included a scanned handwritten note sent to his office. The note read: “Trump has pardons and tanks – what do you have?” At the top of Young’s opinion in AAUP v. Rubio, which ruled that Trump’s effort to deport foreign-born student protesters was unconstitutional.

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– **Wait, so immigrants can get Medicaid?** Yes, certain lawful immigrants were previously eligible if they met poverty thresholds. Before the Republican bill, legal permanent residents, refugees, people granted asylum, and others qualified after waiting periods ranging from five to seven years.

– **What about all the asylum-seekers who came under Biden?** People seeking asylum are not eligible for Medicaid. Some with granted asylum were previously eligible. Asylum claims are a multi-year process where judges granted it in only 36% of cases before President Donald Trump took office.

– **Don’t some states provide benefits to undocumented immigrants?** Medicaid is a joint federal-state program. States can waive the five-year waiting period for some lawfully present immigrant children and pregnant women, but not using federal funds for “non-qualified” immigrants. Fourteen states and DC offer health care coverage to some immigrants, often funded by state dollars alone.

– **What happens if undocumented immigrants go to the ER?** Hospitals must stabilize anyone seeking emergency care under the Emergency Medical Treatment & Labor Act, regardless of immigration status.

– **What about Affordable Care Act tax subsidies?** Coverage on the ACA marketplaces is available to lawfully present immigrants with a “qualified” status and other lawful groups. Democrats’ plan extends enhanced tax subsidies for millions of middle-class Americans but doesn’t extend them to undocumented immigrants.

The Democrats are focused on restoring access for millions more Americans, mainly through Medicaid and marketplace coverage, while Republicans aim to maintain stricter eligibility rules.

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