A coalition of 15 Republican-led states, spearheaded by Kansas Attorney General Kris Kobach, has filed a lawsuit to block the Biden-Harris administration’s initiative to extend federally-run health insurance to immigrants brought to the U.S. illegally as children.
This lawsuit is part of a broader effort to challenge the administration’s decision to allow Deferred Action for Childhood Arrivals (DACA) recipients to access Obamacare, despite their lack of legal U.S. citizenship.
The Biden administration’s rule, introduced by the U.S. Department of Health and Human Services (HHS) in May, aims to classify DACA recipients as “legally present” in the United States, thereby qualifying them for benefits under the Affordable Care Act.
The rule is set to take effect on November 1st, potentially allowing up to 200,000 DACA recipients, often referred to as “Dreamers,” to enroll in basic healthcare programs.
However, the Republican attorneys general argue that this reclassification is illegal. They contend that DACA recipients, by definition, lack legal immigration status and therefore should not be eligible for public benefits.
Kansas AG Kris Kobach, who is leading the lawsuit, stated that the administration is unlawfully redefining the term “lawfully present” to grant these benefits, a move he believes will exacerbate problems at the border.
“You have to have entered the U.S. illegally to qualify for DACA status. The 2012 memo creating DACA affirms that it ‘confers no substantive right, immigration status or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.’ And at least two federal courts have held DACA itself to be illegal,” Kobach wrote in an opinion article.
“The new Biden-Harris rule will worsen the disaster at the border. When word about taxpayer-subsidized healthcare reaches the home countries of would-be illegal aliens, many more will make the journey. When you reward illegal behavior, you get more of it,” Kobach continued.
This concern is echoed by Texas Governor Greg Abbott, who issued an executive order directing state officials to track the costs associated with providing medical care to illegal immigrants.
The DACA program, established in 2012, offers deportation relief and work permits to immigrants who were brought to the U.S. illegally as children.
Currently, about 530,000 individuals are enrolled in the program, which remains the subject of ongoing legal battles.
The Biden administration has yet to respond to the lawsuit, and the Department of Health and Human Services also declined to comment.
As immigration continues to be a major issue leading up to the November 2024 presidential election, this lawsuit highlights the deep divisions between the Republican and Democratic approaches to handling immigration and healthcare in the United States.
Republican candidates, including former President Donald Trump, have criticized the Biden administration’s actions, arguing that they are unfair and unsustainable.