Treatment of Noncitizens in H.R. 3200
"This report outlines the treatment of noncitizens (aliens) under H.R. 3200, America’s Affordable
Health Choices Act of 2009. In particular, the report analyzes specific provisions in H.R. 3200,
and whether there are eligibility requirements for noncitizens in the provisions. Within the bill,
noncitizens are treated differently in several provisions. In 2008, there were approximately 37.3
million foreign-born persons in the United States. The foreign-born population was comprised of
approximately 15.1 million naturalized U.S. citizens and 22.2 million noncitizens.

H.R. 3200 includes an individual mandate to have health insurance, with tax penalties for
noncompliance. Individuals who do not maintain acceptable health insurance coverage for
themselves and their children would be required to pay an additional tax. Some individuals,
including nonresident aliens, would be exempt from the individual mandate. “Nonresident alien”
is a term under tax but not immigration law. For federal tax purposes, alien individuals are
classified as resident or nonresident aliens. In general, an individual is a nonresident alien unless he or she meets the qualifications under a residency test. Thus, legal permanent residents, and noncitizens and unauthorized aliens who qualify as resident aliens (i.e., meet the substantial
presence test), would be required under H.R. 3200 to have health insurance..."