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ICE on ACA, Enforcement

"The Patient Protection and Affordable Care Act (ACA), Pub. L. No. 111-148, 124 Stat. 224, and the Social Security Act (SSA) require that individuals seeking coverage under a qualified health plan offered on a Health Insurance Marketplace or through an insurance affordability program (i.e., premium...

News Excerpts From the Nov. 15, 2013 Bender’s Immigration Bulletin

Report Faults Procedures for Issuance of NTAs | On October 22, 2013, the Center for Immigrants’ Rights at Pennsylvania State University Law School released a report criticizing various practices related to the issuance of Notices to Appear in removal proceedings. Based on a survey and documents...

The ACA's Impact on LPRs Residing Outside the USA: Endelman & Mehta

"[U]nless the IRS provides more specific guidance, it is not clear at this time whether an LPR who takes the bona fide residence exception for purposes of shielding foreign income can also be deemed to have the minimum essential coverage. LPRs who seek to claim a section 911 type foreign earned...

Does the ACA Give Employers a $3,000 Tax Bonus for Hiring Certain Immigrants?

"- Q: Did Obama’s executive actions on immigration include a $3,000 bonus to employers for each immigrant they hire instead of U.S. citizens? - A: Not exactly. In very limited cases, employers may avoid the Affordable Care Act’s penalty if they hire immigrants who are not eligible...

Who is 'Lawfully Present' Under the ACA? - Gary Endelman & Cyrus Mehta

"Many non-citizens will be subject to additional payment to the Internal Revenue Service if they do not maintain “minimum essential healthcare coverage” under the Patient Protection and Affordable Care Act (Affordable Care Act – ACA). This is known as the “individual mandate”...

Keeping Tabs on a Non-Citizen's Eligibility for Health Coverage Under the ACA - Cyrus D. Mehta

"President Obama’s healthcare law, the Affordable Care Act (ACA), is here to stay especially after the law withstood a challenge in King v. Burwell that allows the federal government to provide subsidies to poor and middle class people to buy health insurance on a nationwide basis. Even non...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...