SEATTLE – Fifteen states have filed federal lawsuits against a new Biden administration rule that could allow 100,000 immigrants who were brought to the U.S. illegally as children to enroll in the Affordable Care Act (ACA) health insurance, known as ‘Obamacare,’ starting next year.
The states argue that this rule violates a 1996 welfare reform law and the ACA. They also claim it could encourage more illegal immigration, placing a burden on states and their public schools.
Kansas Attorney General Kris Kobach stated, “Illegal aliens shouldn’t get a free pass into our country, nor should they receive taxpayer benefits. The Biden-Harris administration shouldn’t be allowed to break federal law.”
The Affordable Care Act, enacted in 2010, aims to provide affordable health coverage. However, these 15 states want to block the new rule before it takes effect on November 1st. The lawsuit was filed in North Dakota, one of the participating states.
In addition to North Dakota, the states involved in the lawsuit include Alabama, Kansas, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.
Idaho and Virginia, the only two states that run their own health insurance marketplaces, argue they would face higher costs due to increased illegal immigration. The lawsuit claims that offering ACA health insurance encourages undocumented immigrants to stay in the U.S.
Last year, President Biden announced that immigrants who were brought to the U.S. illegally as children could apply for Medicaid and ACA health insurance. However, this process took longer than expected and didn’t fully meet the initial proposal to allow these migrants to sign up for Medicaid, a program that provides low-cost health coverage for the nation’s poorest people.
Under the new rule by the U.S. Department of Health and Human Services, Deferred Action for Childhood Arrivals (DACA) recipients, also known as “Dreamers,” will have access to health insurance and financial assistance, such as tax credits and reduced out-of-pocket costs, starting November 1st, the same day ACA enrollment begins.
The DACA program offers deportation relief and work permits to those who were brought to the U.S. as children. Currently, about 530,000 people are enrolled in the program.
Asylum seekers and those with temporary protected status can already purchase insurance through ACA marketplaces. The Biden administration decided not to expand Medicaid eligibility for these groups after receiving over 20,000 public comments on the proposal, according to senior officials.
