Unintended Consequences As the result of talk radio conversation I heard this morning, I ask you to consider the following: The Employee Mandate Provision of the Affordable Care Act takes effect in the coming year. Under the Act, Illegal Aliens are barred from participating in the program ( although they may purchase insurance through the Market Place established under the Act). A vast majority of employers covered under the Mandate employ so called “replacement workers” . These employees work in semiskilled or unskilled positions (maintenance, warehouse, general labor, etc.) Under the Mandate, the Employer will be required to pay for health insurance or in default , pay the required tax of $2000 to $3000 per uncovered employee. Illegal immigrants (except in certain limited exceptions established by the law) are barred from participation Further, under the legislation passed by the Senate and now languishing in the House, illegal immigrants (even those seeking legal status) are denied coverage under the AHCA. Because illegal immigrants are specifically excluded from coverage, they cannot be counted in the calculation determining the Employer’s tax he is required to pay for uncovered workers. Under the Order, employees will now be able to employ illegal aliens covered by its provisions. However it would appear that they will not have to provide medical insurance. Many (if not most) of these “replacement workers” are not covered by collective bargaining agreements and in most states are considered “at will” employees. There is nothing preventing an employer from replacing such an employee with an illegal alien which has now been give provisional protection and avoiding the Mandate. It would seem that a jobs of a multitude of citizens and legal residents may now be in jeopardy because of the Presidents Order/ While it is arguable that the President’s Order on November 21 is legal under the well-settled principal of prosecutorial discretion (indeed, as I read it, it would pass judicial challenge), the President has no authority to countermand the specific provisions of any Congressional legislation and will not be able to correct this problem May I add that this is analysis is based only on my memory and a cursory review of provision in a law which is several thousand pages long. I invite those who hold that the order was well considered and well-reasoned to comment.
Posted on: Sat, 22 Nov 2014 20:10:59 +0000
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