A group of Republican-led states have launched a lawsuit against the Biden administration in an effort to block a new rule that would make some illegal immigrants, specifically those protected under the Deferred Action for Childhood Arrivals (DACA) program, eligible for healthcare coverage under the Affordable Care Act (ACA).
The lawsuit, spearheaded by Kansas Attorney General Kris Kobach, argues that this rule is a clear violation of federal law, which explicitly prohibits providing benefits to illegal immigrants.
The rule in question, published in May, is set to take effect in November 2024, just days before the presidential election. It would allow DACA recipients—individuals who were brought to the U.S. illegally as children and are temporarily shielded from deportation—to apply for coverage through HealthCare.gov and state-based marketplaces.
The Biden administration estimates that over 100,000 currently uninsured illegal immigrants could gain access to health insurance as a result of this rule.
However, the coalition of 15 states, including Alabama, Idaho, Indiana, and others, contends that the ACA, as originally passed by Congress, restricts eligibility for coverage to U.S. citizens, nationals, and those who are “lawfully present” in the country.
They argue that the new rule’s redefinition of “lawfully present” to include DACA recipients is not only a misuse of executive authority but also an unlawful attempt to bypass Congress, which has the sole power to make such significant changes.
Kobach, in his statement, emphasized that illegal immigrants should not be granted taxpayer-funded benefits and accused the Biden administration of overstepping its bounds. He asserted that the lawsuit is necessary to prevent the administration from unlawfully expanding benefits to those who are not entitled to them under federal law.
The legal challenge reflects broader concerns among Republicans about the administration’s handling of immigration issues and the potential long-term impact of such policies on the nation’s immigration system and social safety nets.
The Department of Health and Human Services (HHS) has yet to comment on the lawsuit. The administration, however, has defended the rule as part of a broader commitment to supporting DACA recipients, commonly referred to as “Dreamers.”
Biden’s stance is echoed by Vice President Kamala Harris, who has similarly advocated for permanent protections for illegals.
This lawsuit represents the latest clash in the ongoing national debate over immigration policy, particularly the extent to which illegal immigrants should be integrated into American society and provided with benefits.
As the case moves forward, it will likely become a focal point in the ongoing political discourse surrounding the Biden administration’s immigration agenda and the upcoming 2024 presidential election.