PolicyBrief
H.R. 4104
119th CongressJun 24th 2025
Health Equity and Access under the Law for Immigrant Families Act of 2025
IN COMMITTEE

This Act expands healthcare access by ensuring lawfully present immigrants are eligible for federal health programs, treating federally authorized presence as lawful presence for coverage, and giving states the option to cover undocumented individuals under Medicaid and CHIP.

Pramila Jayapal
D

Pramila Jayapal

Representative

WA-7

LEGISLATION

Massive Health Bill Expands Medicaid, ACA, and Medicare Access for Lawfully Residing Immigrants

The Health Equity and Access under the Law for Immigrant Families Act of 2025 is a major overhaul of how federal health programs treat non-citizens who are living in the U.S. The core idea is to strip away decades of immigration-based restrictions across Medicaid, Medicare, and the Affordable Care Act (ACA) marketplaces, making it much easier for legally present individuals to get covered. This isn't a minor tweak; it’s a fundamental shift that guarantees eligibility for federal health coverage based on lawful status, not just citizenship.

The End of the Waiting Game for Lawful Residents

For years, even green card holders (lawful permanent residents) often faced a five-year waiting period or state-level restrictions before they could qualify for Medicaid or the Children's Health Insurance Program (CHIP). This bill (Sec. 3) effectively ends that. States are now mandated to provide Medicaid and CHIP coverage to anyone who is lawfully residing in the U.S. and meets the income requirements, immediately overriding restrictions from the 1996 welfare reform law. This means if you’re a new permanent resident, you can access the same state health coverage as citizens, assuming you meet the income tests.

There’s a significant side benefit here for sponsors: when a newly eligible lawful resident enrolls in Medicaid, the sponsor won't have any debt accrue against them based on their affidavit of support. The cost of that health assistance is no longer counted as an unreimbursed expense against the sponsor, closing a major financial loophole that previously penalized those helping immigrants enter the country.

Authorized Presence Now Means Full Access

If you have a status like Deferred Action (DACA, for example) or another form of Federally authorized presence, this bill is a game-changer. Section 4 explicitly requires that individuals with authorized presence must now be treated as “lawfully present” for all federal health coverage programs. This means people with authorized presence are now eligible for ACA premium tax credits (subsidies) to lower their monthly insurance payments, cost-sharing reductions, Medicaid, and CHIP.

For those who gain this new eligibility, the government has to set up a special enrollment period, allowing them to sign up for marketplace plans and start receiving subsidies right away, instead of waiting for the next regular open enrollment. This provision instantly makes private insurance significantly more affordable for thousands of people previously stuck paying full price or going without.

Medicare and the Open Door Option

The bill also cleans up Medicare eligibility (Sec. 8). It updates the rules for Parts A and B, replacing outdated language with a clear standard: eligibility applies to any individual who is lawfully present. Crucially, the definition of “lawfully present” is expanded to include those with pending or approved deferred action applications. This means that if you’ve worked and paid into the system but were previously blocked from Medicare solely due to your immigration status, you can now access those benefits.

Perhaps the most debated section is Section 6, which gives states the option to expand Medicaid and CHIP to individuals who are currently in the U.S. without lawful status. This is not a mandate; it’s a choice. States can amend their programs to cover this group, allowing individuals who meet income requirements but lack citizenship to enroll. While this offers a pathway to coverage for a vulnerable population, the optional nature means access will be uneven, depending entirely on the political will of individual state legislatures. If your state opts in, it’s a huge win for public health; if it doesn't, nothing changes for this group.