Is Gang Of Eight's $3,000 Bonus To Hire New Immigrants Constitutional?

Is Gang Of Eight's $3,000 Bonus To Hire New Immigrants Constitutional? by Andrew Malcolm - Investors.com:
"As IBD has explained, employers who offer insurance that is deemed either too pricey or too skimpy will have to pay an annual $3,000 fine for each full-time worker who takes advantage of ObamaCare's subsidies to buy coverage.
Since legalized immigrants wouldn't be eligible for ObamaCare subsidies for a decade or more, their employers could avoid an ObamaCare fine for years to come for each legalized immigrant on the payroll. What is more, because the fine is nondeductible, it would be the equivalent of $5,000 in annual wages for a profit-making firm facing a combined 40% federal and state tax rate.
It's easy to imagine a scenario in which an employer, faced with a choice between shifting a legalized immigrant or U.S. citizen to part-time status, would be persuaded by government incentives to tilt against the citizen."