Fifteen states took legal action against the Biden administration over a rule granting around 100,000 immigrants, known as “Dreamers,” who were brought to the U.S. illegally as children, access to enroll in the federal Affordable Care Act’s health insurance next year. The rule is set to take effect on November 1, coinciding with the opening of the Affordable Care Act’s marketplace enrollment, just days before the presidential election.
The lawsuit was filed in North Dakota by states with Republican attorneys general who are aiming to block the rule, arguing that it violates a 1996 welfare reform law and the ACA. They emphasize concerns that granting access to tax breaks for health coverage could encourage more illegal immigration, potentially straining state resources and public school systems.
Kansas Attorney General Kris Kobach, a vocal advocate for tough immigration restrictions, criticized the administration’s approach, stating that illegal immigrants should not benefit from taxpayer-funded services upon arrival. The lawsuit includes states such as Alabama, Idaho, Iowa, Missouri, Virginia, and others participating in the legal challenge against providing health insurance benefits to the undocumented immigrants.
The Biden administration, on the other hand, has expressed support for the Dreamers, shielding them from deportation and highlighting their contributions to society. Additionally, the lawsuit raises the issue of government-subsidized health insurance for Dreamers, arguing that their inclusion in the ACA contradicts the requirement of “lawful presence” in the U.S.
The states involved in the lawsuit highlight potential economic burdens resulting from increased illegal immigration, citing a 2023 report from the Federation for American Immigration Reform. While some states have previously faced challenges in proving direct harm from new federal rules in court, they collectively assert that the impact of the rule on their states warrants legal action to block its implementation.
