Under Obama’s new amnesty, businesses will have a $3,000-per-employee incentive to hire illegal immigrants over native-born workers because of a quirk of Obamacare

Obama’s amnesty declares up to 5 million illegal immigrants to be lawfully in the country and eligible for work permits, but it still deems them ineligible for public benefits such as buying insurance on Obamacare’s health exchanges. Under the Affordable Care Act, that means businesses who hire them won’t have to pay a penalty for not providing them health coverage — making them $3,000 more attractive than a similar native-born worker, whom the business by law would have to cover. The loophole was confirmed by congressional aides and drew condemnation from those who said that it put illegal immigrants ahead of Americans in the job market. “If it is true that the president’s actions give employers a $3,000 incentive to hire those who came here illegally, he has added insult to injury,” said Rep. Lamar Smith, a Texas Republican. “The president’s actions would have just moved those who came here illegally to the front of the line, ahead of unemployed and underemployed Americans.” A Department of Homeland Security official confirmed that the newly legalized immigrants won’t have access to Obamacare, which opens up the loophole for employers looking to avoid the penalty. Under Obamacare, businesses with 50 or more employees are supposed to provide insurance coverage to their full-time workers. If they refuse, they are assessed a penalty for every employee who receives subsidies to sign up for coverage on the health exchanges. But because the newly legalized illegal immigrants covered by Obama’s order can’t sign up for the exchanges or receive subsidies, employers aren’t penalized for hiring them.