On Thursday, a coalition of Republican-led states filed a lawsuit aimed at blocking a new Biden administration rule. This rule allows up to 200,000 immigrants who were brought to the U.S. illegally as children to access federally-funded health insurance.
The lawsuit, spearheaded by Kansas Attorney General Kris Kobach and supported by 14 other states, challenges a rule adopted by the U.S. Department of Health and Human Services (HHS) in May. The states argue that the rule violates federal law, which restricts public benefits to individuals without legal immigration status.
The contested rule classifies participants in the Deferred Action for Childhood Arrivals (DACA) program, established in 2012, as “legally present” in the U.S. This classification allows them to access health insurance and other benefits under the Affordable Care Act (Obamacare). However, the lawsuit contends that because DACA recipients are, by definition, individuals lacking legal status, they should not be considered legally present.
The states claim that the rule could incentivize DACA recipients to remain in the U.S. unlawfully, placing a financial burden on states that must cover public services for these individuals and their families. The White House and HHS have not yet responded to requests for comment.
On the same day, Texas Governor Greg Abbott issued an executive order requiring state officials to track the costs of providing medical care to undocumented residents.
The DACA program provides deportation relief and work permits to immigrants brought to the U.S. as children who either overstayed a visa or entered illegally. Approximately 530,000 people are currently enrolled in the program, which is still facing legal challenges.
The HHS rule, set to take effect on November 1, will grant DACA enrollees access to health insurance, including financial assistance such as tax credits and reduced out-of-pocket costs.
Immigration is a key issue for voters in the upcoming November 5 presidential election, where Vice President Kamala Harris, a Democrat, will face off against Republican former President Donald Trump. Trump, who has been a vocal critic of DACA, attempted to end the program during his presidency but was blocked by the U.S. Supreme Court. His campaign has criticized the new healthcare rule as “unfair and unsustainable.”
