Fifteen states have filed a federal lawsuit against the Biden administration over a rule that would allow approximately 100,000 immigrants brought to the U.S. illegally as children to enroll in the federal Affordable Care Act's health insurance next year. The states aim to block the rule from taking effect on November 1, coinciding with the opening of the Affordable Care Act's marketplace enrollment, just days before the presidential election.
The lawsuit, filed in North Dakota, involves states with Republican attorneys general who are challenging Biden administration rules that align with Democratic policy goals. The states argue that the rule violates a 1996 welfare reform law and the ACA, expressing concerns that it may incentivize more illegal immigration, thereby straining state resources and public school systems.
Despite the lawsuit's claims, many economists believe that immigrants contribute positively to the economy, with immigration playing a role in job growth post-COVID-19 pandemic. The lawsuit comes amidst Republican criticism of the Biden administration's handling of illegal immigration, with border crossings reaching record highs before recent declines.
The Kansas Attorney General emphasized that 'illegal aliens shouldn't receive taxpayer benefits' and criticized the administration for potentially violating federal law. The lawsuit involves states such as Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.
The Biden administration, which aims to shield 'Dreamers' from deportation, has not yet responded to the lawsuit. 'Dreamers' and their advocates argue that they are integral members of their communities, with some states already offering them lower tuition rates. Biden has expressed pride in the contributions of 'Dreamers' to the country.
The lawsuit challenges the eligibility of 'Dreamers' for government-subsidized health insurance programs, citing their lack of 'lawful presence' in the U.S. The states argue that providing subsidized health insurance through the ACA may encourage unlawfully present individuals to remain in the country.
While states have faced challenges in previous lawsuits against the Biden administration, they assert that increased illegal immigration leads to higher costs. The lawsuit references a report advocating for stricter laws against illegal immigration and limitations on legal immigration.