Republican-led states file lawsuit to prevent Biden administration from providing Obamacare to undocumented immigrants.
The Biden administration’s move to make some illegal immigrants eligible for Obamacare has sparked a lawsuit by a coalition of Republican states just days before the 2024 presidential election.
A rule published in May would allow illegal immigrants protected from deportation under the DACA program to access healthcare through the Affordable Care Act, a privilege currently prohibited for all illegal immigrants. The administration estimates that over 100,000 uninsured illegal immigrants would be able to access insurance under this rule set to take effect in November.
Fifteen states, with Kansas Attorney General Kris Kobach at the forefront, argue that the regulation contradicts federal law banning benefits for illegal immigrants and violates the ACA, which limits eligibility to citizens, nationals, and those “lawfully present.”
“Illegal aliens shouldn’t get a free pass into our country or receive taxpayer benefits upon arrival. The Biden-Harris administration shouldn’t be allowed to violate federal law, which is why I am leading a lawsuit to stop this regulation,” Kobach stated.
Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia’s attorneys general have joined Kobach in the lawsuit.
The Department of Health and Human Services (HHS) rule enables DACA recipients to apply for coverage through HealthCare.gov and state-based marketplaces by tweaking the definition of “lawfully present.” This modification aligns with President Biden’s support for DACA recipients, whom he hails as “Dreamers” deserving a pathway to citizenship.
“I’m proud of the contributions of Dreamers to our country and committed to providing them the support they need to succeed. That’s why we are ensuring DACA recipients have the same access to healthcare through the ACA as their neighbors,” President Biden said.
Vice President Harris echoed support for Dreamers, emphasizing that Congress must act to guarantee them permanent protections and a pathway to citizenship.
