A coalition of Democratic state attorneys general has requested a federal court on Wednesday to allow them to defend a nationwide policy that provides subsidized health insurance to “Dreamers,” the young individuals who were brought to the United States unlawfully as children.
This effort emerges in anticipation of the incoming Trump administration’s possible withdrawal of support for this policy following the inauguration on Monday.
In the U.S. District Court located in Bismarck, North Dakota, the request is one of the initial moves in what is likely to be a series of legal confrontations regarding policy changes as the administration transitions. New Jersey’s Attorney General, Matthew Platkin, is spearheading the initiative alongside 14 other Democratic attorneys general focused on healthcare issues.
“Restricting Dreamers’ access to medical services not only negatively impacts them and their children who are citizens, but it also adversely affects states like New Jersey,” Platkin emphasized in a statement. “We are resolute in our commitment to stand up for our Dreamers, regardless of who holds power in Washington.”
Historically, states have frequently engaged in lawsuits against the federal government, especially when the policies diverge significantly from their own agendas, which typically occurs when the presidency alternates between parties. Democratic attorneys general are gearing up to continue this tradition, and it’s likely that more petitions similar to Wednesday’s are on the horizon, aimed at allowing states to uphold actions taken under the Biden administration.
If the court permits the Democratic attorneys general to join the legal proceedings, it could lead to an extensive legal dispute between states governed by Republicans and those led by Democrats.
A coalition of 19 Republican attorneys general, spearheaded by Kris Kobach of Kansas, has initiated a lawsuit opposing a federal rule established last year, which opened health insurance access to approximately 147,000 immigrants eligible under the Affordable Care Act’s (ACA) public marketplace. They contend that the ACA along with a 1996 federal statute prohibit the allocation of U.S. government benefits to individuals residing in the country illegally.
Recently, a federal judge in North Dakota ruled that those immigrants could not access health coverage in the states involved in the lawsuit while the case proceeds. However, individuals in other states not included in the lawsuit are still eligible to receive coverage.
“Dreamers” benefit from a directive that designates them as a lower priority for deportation. During his initial term, President Trump exhibited fluctuating views on this program—while he sought to dismantle it, he was ultimately stopped by the Supreme Court.
Most recently, he has vowed to implement “the largest mass deportation program ever” upon taking office, while also stating he would explore options for Dreamers to remain in the U.S. Legally.
In a related development, the Biden administration has recently expanded Temporary Protected Status, allowing individuals from Venezuela, El Salvador, Ukraine, and Sudan to legally stay in the U.S. for an additional 18 months.
