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Attorneys General Sue After Biden Admin. Extends ACA Insurance to DACA Recipients


— August 11, 2024

“Illegal aliens shouldn’t get a free pass into our country,” Kansas Attorney General Kris Kobach said in a statement. “They shouldn’t receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn’t get a free pass to violate federal law.”


A coalition of state attorneys general have filed a lawsuit challenging a Biden administration initiative that would extend Affordable Care Act coverage to undocumented immigrants who were brought to the United States as children.

The administration’s rule, expected to take effect on November 1, would let Deferred Action for Childhood Arrivals beneficiaries enroll in marketplace plans and other basic health programs.

“Illegal aliens shouldn’t get a free pass into our country,” Kansas Attorney General Kris Kobach said in a statement. “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 multistate lawsuit to stop this illegal regulation from going into effect.”

According to The Hill, the Centers for Medicare and Medicaid Services had earlier determined that DACA recipients did not meet the lawful presence requirements needed to apply for coverage under the Affordable Care Act.

New Yorkers protest against a scheduled repeal of DACA in September. Image via Harrie van Veen/Flickr. Image (CCA-BY-2.0).

Kobach’s lawsuit alleges that the Biden administration is now attempting to contradict the “lawful presence” language of the law. It also suggests that the proposed rule violates a 1996 statute that limits eligibility for federal benefits to U.S. citizens and a small category of “qualified aliens.”

The attorneys general believe that expanding access to insurance programs will incentivize DACA recipients to remain in the United States instead of returning home—even though many DACA beneficiaries grew up in America, and retain few to no ties to their countries of origin.

Federal Health and Human Services Secretary Xavier Becerra said that DACA recipients, who are often referred to as “Dreamers,” would likely cost taxpayers more money if they remain uninsured.

“Dreamers, as DACA recipients, are currently three times more likely to be uninsured that the general U.S. population, and individuals without health insurance—I think we all know this—are less likely to receive preventative care,” Becerra said. “They delay necessary medical care, and they incur higher costs and deaths when they do finally seek care.”

“So making ‘Dreamers’ eligible to enroll in coverage will improve their health and well-being and strengthen the health and well-being of our nation and our economy,” he said.

The Deferred Action for Childhood Arrivals program, in its current form, allows eligible undocumented immigrants to receive temporary, renewable work permits. These permits require that recipients came to the United States before the 16th birthday,

Sources

15 state AGs sue Biden administration over ObamaCare coverage for ‘Dreamers’

US states sue over Biden rule extending health insurance to DACA immigrants

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