A coalition of 15 Republican-led states has filed a lawsuit against the Biden administration in an attempt to block the expansion of Obamacare coverage to immigrants who were brought to the US illegally as children. President Joe Biden's announcement in May stated that recipients of Deferred Action for Childhood Arrivals (DACA) would be eligible for coverage on the Affordable Care Act exchanges, along with federal subsidies, starting November 1. The White House estimates that over 100,000 DACA recipients could gain health insurance through this initiative.
Republicans, including those on the campaign trail, have voiced criticism over the administration's decision to extend services to undocumented immigrants. Kansas Attorney General Kris Kobach, leading the multistate lawsuit, stated that 'illegal aliens shouldn't receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn't be allowed to violate federal law.'
The complaint filed by the attorneys general from the 15 states argues that the administration's move violates federal law prohibiting benefits for undocumented immigrants and the text of the Affordable Care Act, which limits eligibility to citizens, nationals, and individuals 'lawfully present' in the US. The states claim that DACA recipients do not fall under the category of 'lawfully present.'
The states joining Kansas in the lawsuit are Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia. They argue that the expanded eligibility will place additional administrative and resource burdens on their states and incentivize DACA recipients to remain in the US, leading to increased strain on education, healthcare, law enforcement, and public assistance resources.
President Biden's decision to include DACA recipients in the ACA coverage was part of several immigration measures taken this spring, including an executive action allowing certain undocumented spouses and children of US citizens to apply for lawful permanent residency without leaving the country. The lawsuit by the Republican attorneys general is the latest in a series of challenges against Biden administration policies, including efforts related to student loans, labor rules, and employment regulations.
