Republican attorneys general from 15 states are suing the Biden administration over plans to give around 100,000 DACA recipients access to federally subsidized healthcare, claiming the plan violates federal law.
The states, including Kansas, Tennessee and Virginia, all say that so-called “Dreamers” are not legally allowed access to Medicare or Medicaid because they are not lawfully present within the United States.
A “Dreamer” is an immigrant who was brought to the U.S. illegally as a child but has since grown up to identify as an American.
President Biden announced the expansion of health coverage to DACA recipients, who are protected from deportation, in May, saying that his administration was removing that particular barrier. The scheme is due to expand on November 1.
“Illegal aliens shouldn’t get a free pass into our country,” Kansas Attorney General Kris Kobach said in a press release Thursday. “They shouldn’t receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn’t get a free pass to violate federal law.
“That’s why I am leading a multi-state lawsuit to stop this illegal regulation from going into effect.”
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The complaint, filed in North Dakota and seen by Newsweek, argues that Biden’s move to redefine what it means to be “lawfully present” in the U.S. contradicts a statutory definition of a “qualified alien” who can access public benefits.
Plaintiffs also argue that allowing Dreamers the new benefit of subsidized healthcare, which can include tax breaks, will be an additional burden on states.
“Plaintiff States suffer fiscal costs through the continued presence of DACA recipients in their respective jurisdictions,” the complaint reads.
“The Final Rule incentivizes DACA recipients, their children, and minors currently residing in Plaintiff States whose parents illegally entered the United States to remain in Plaintiff States and thereby causes Plaintiff States to expend additional education, healthcare, law enforcement, public assistance, and other limited resources.”
In Montana, the number of eligible people would be about 80, along with 130 in North Dakota and 190 in South Dakota. Higher up the list were Indiana and Virginia, each with over 7,000 people who could benefit.
Each plaintiff state then outlined the cost of supporting illegal immigrants to taxpayers, while not separating out those who are protected under DACA.
“Once again, the Biden-Harris administration has shown a blatant disregard for the rule of law. I will continue protecting Virginia taxpayers from the consequences of the unlawful federal actions,” Virginia Attorney General Jason S. Miyares said in a press release.
The document goes on to denounce plans to reopen the DACA program and fortify its protections and alleges that this will encourage more illegal immigration.
Newsweek reached out to the White House along with the U.S. Department of Health and Human Services for comment, but is yet to receive a response.
In its announcement in May, the Biden administration said the president was committed to the DACA program.
“President Biden and Vice President Harris believe that health care should be a right, not a privilege,” the statement in May read. “Together, they promised to protect and strengthen the Affordable Care Act, lowering costs and expanding coverage so that every American has the peace of mind that health insurance brings.”
The full list of states participating in the lawsuit is as follows: Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.
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