What income levels qualify for ACA subsidies regardless of immigration status?

1. What the rule has been since 2021 — “no strict 400% cliff”

Beginning with the American Rescue Plan in 2021, and extended by the Inflation Reduction Act through plan year 2025, the subsidy rules were changed so there isn’t a hard cutoff at 400% of FPL; instead, households qualify for premium tax credits as long as the benchmark (second‑lowest‑cost Silver) plan would otherwise cost more than 8.5% of their ACA‑specific MAGI, effectively expanding eligibility above 400% FPL ^{[1] [2] [6]}.

2. The income floor still matters — minimums and Medicaid interaction

Even under the enhanced rules, subsidy eligibility depends on having income above the Medicaid threshold (generally at or above 100% FPL, or above 138% FPL in states that expanded Medicaid) and on not having access to affordable employer coverage or qualifying for Medicaid; subsidies are calculated using ACA‑specific MAGI ^{[1] [3]}.

3. Immigration status: lawfully present vs. unlawful presence

Enhanced premium tax credits have been available to non‑citizens who are “lawfully present” in the U.S.; people who are not in the U.S. legally are not eligible for premium subsidies, while U.S. citizens and lawfully present immigrants can be eligible under the same income rules ^{[1] [7]}. Available sources do not mention any separate income thresholds that apply solely because of immigration status.

4. What likely changes for 2026 unless Congress acts

Multiple policy trackers and reporting warn that if Congress allows the enhancements to expire at the end of 2025, subsidy rules will revert for 2026 to the pre‑ARP structure: subsidies generally available for incomes between 100% and 400% FPL (with the Medicaid interaction noted above), and a return of the so‑called “subsidy cliff” for those above 400% FPL ^{[3] [4] [8]}.

5. Who would be directly affected by a reversion

Analysts at KFF and others say the group most likely to lose eligibility if enhancements lapse are people with incomes above 400% FPL — examples include early retirees, some self‑employed people and those in rural areas — and that tens of millions of enrollees have benefited from the enhanced credits ^{[5] [9]}. Policy modeling suggests many would face sharply higher premiums if the enhanced credits end ^{[10] [5]}.

6. Political and legislative context shaping eligibility

Congress had not extended the ARP/IRA enhancements as of mid‑November 2025, and lawmakers were debating whether to renew them amid larger budget and political fights; some proposals tie subsidy extensions to other policy provisions, producing deep partisan disagreement ^{[3] [11]}. The fate of the program therefore depends on near‑term Congressional action ^{[3] [6]}.

7. Practical takeaways for readers who are non‑citizens or higher earners

If you are lawfully present in the U.S., you have been eligible for marketplace premium tax credits under the same rules that apply to citizens; under the current (2021–2025) enhanced rules, higher earners above 400% FPL could still qualify if the benchmark plan would exceed 8.5% of MAGI ^{[1] [2]}. If Congress does not extend the enhancements, available reporting indicates people with income above 400% FPL would generally lose eligibility beginning with 2026 coverage ^{[4] [5]}.

Limitations and where reporting stops: the provided sources do not supply specific 2026 FPL dollar amounts for every household size, nor do they list state‑by‑state exceptions beyond the Medicaid‑expansion distinction; for precise dollar thresholds or a personal eligibility estimate you should consult the marketplace calculator or the IRS/marketplace guidance referenced in the policy pieces ^{[8] [2] [10]}.