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Join Telegram ChannelA coalition of Republican states is suing the Biden administration to block it from making some illegal immigrants eligible for Obamacare, just days before the 2024 presidential election.
A rule released in May would allow illegal immigrants who arrived as children and are protected from deportation through the Deferred Action for Childhood Arrivals (DACA) program to be eligible for health care through the Affordable Care Act.
Currently, not all illegal immigrants have access to the program. The administration said it expects the rule, which would go into effect in November, to give more than 100,000 uninsured illegal immigrants access to insurance.
THESE ILLEGAL IMMIGRANTS ARE ELIGIBLE FOR OBAMACARE AFTER BIDEN'S RULE CHANGE
Fifteen states, led by Kansas Attorney General Kris Kobach, say the regulation violates federal law that prohibits giving benefits to illegal immigrants and violates the law itself.
Kansas Attorney General Kris Kobach participates in a ceremony honoring fallen law enforcement officers at the Statehouse on May 3, 2024, in Topeka, Kansas. (AP Photo/John Hanna)
The ACA, as passed by Congress, limits eligibility to U.S. citizens or nationals and “lawfully present” individuals, the complaint says.
“Illegal immigrants should not have a free pass to enter our country. They should not receive tax breaks upon arrival, and the Biden-Harris administration should not have a free pass to violate federal law. That’s why I’m filing a lawsuit in multiple states to stop this illegal regulation from going into effect,” Kobach said in a statement.
The attorneys general of Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Virginia have all signed on to the lawsuit.
HHS did not respond to a request for comment.
REPUBLICAN STATES ASK FEDERAL JUDGE TO END ‘ILLEGAL’ DACA PROGRAM
The Department of Health and Human Services (HHS) rule would allow DACA recipients to apply for coverage through HealthCare.gov and state marketplaces by making what HHS calls “technical changes” to the definition of “lawful presence” used to determine eligibility.
In a statement on the rule, President Biden renewed his calls for what he calls “Dreamers” to be given a path to citizenship, along with millions of other illegal immigrants.
HARRIS AND WALZ BOTH SUPPORT AMNESTY FOR ILLEGAL IMMIGRANTS
“I am proud of the contributions Dreamers make to our country and am committed to providing them with the support they need to succeed. That’s why I previously directed the Department of Homeland Security to take all appropriate steps to ‘preserve and strengthen’ DACA. And that’s why today we are taking this historic step to ensure that DACA recipients have the same access to health care through the Affordable Care Act as their neighbors,” he said.
“On my first day in office, I sent Congress a comprehensive immigration reform plan to protect Dreamers and their families. Only Congress can provide Dreamers with permanent status and a path to citizenship. Congress must act.”
Vice President Harris, in a separate statement, made a similar call.
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“President Biden and I will continue to do everything in our power to protect DACA, but this is only a temporary solution. Congress must act to ensure Dreamers have the permanent protections they deserve,” she said.
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