With just days to go before the 2024 presidential election, a coalition of Republican-leaning states is suing to block the Biden administration from extending Obamacare coverage to some undocumented immigrants.
The rule, announced in May, would allow undocumented immigrants who entered the country as children and are protected from deportation through the Deferred Action for Childhood Arrivals (DACA) program to become eligible to receive health care through the Affordable Care Act.
Currently, all illegal immigrants are barred from the program. The administration said it expects the rule, which takes effect in November, will allow more than 100,000 uninsured illegal immigrants to sign up for coverage.
After Biden’s rule change, these illegal immigrants will be covered by Obamacare
Fifteen states, led by Kansas Attorney General Kris Kobach, argue the restrictions violate federal law and the law itself, banning benefits to illegal immigrants.
Kansas Attorney General Kris Kobach participates in a memorial service for fallen police officers at the state capitol in Topeka, Kansas, on May 3, 2024. (AP Photo/John Hanna)
According to the lawsuit, the ACA, as passed by Congress, limits eligibility to U.S. citizens or nationals and those “lawfully present in the United States.”
“Illegal immigrants should not be able to freely enter our country, should not receive taxpayer benefits when they do, and the Biden-Harris Administration should not have free rein to break federal law. That’s why I’m leading a multi-state lawsuit to stop this unlawful restriction from taking effect,” Kobach said in a statement.
The attorneys general of Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Virginia have all signed onto the lawsuit.
HHS did not respond to a request for comment.
Republican states ask federal judge to end ‘illegal’ DACA program
The Department of Health and Human Services (HHS) rule would allow DACA recipients to apply for insurance through HealthCare.gov and state-based marketplaces by making what HHS calls a “technical amendment” to the definition of “lawfully present” used to determine eligibility.
In a statement about the rule, President Biden reiterated his call for “Dreamers,” along with millions of other illegal immigrants, to be given a path to citizenship.
Both Harris and Walz support amnesty for illegal immigrants
“I am proud of Dreamers’ contributions to our country and committed to providing them the support they need to succeed. That’s why I previously directed the Department of Homeland Security to take all appropriate steps to ‘preserve and strengthen’ DACA. And that’s why today I’m taking this historic step to ensure that DACA recipients have the same access to health care as their neighbors through the Affordable Care Act,” he said.
“On day one of my Administration, I sent Congress a comprehensive immigration reform bill to protect Dreamers and their families. Only Congress can provide Dreamers with a path to permanent residence and citizenship. Congress must act.”
Vice President Harris made a similar appeal in a separate statement.
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“President Biden and I will continue to do everything we can to protect DACA, but it is only a temporary solution. Congress must act to ensure Dreamers receive the permanent protections they deserve,” she said.
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