15 States Challenge Biden Admin Rule Allowing Migrants To Access Health Insurance

 August 9, 2024

A coalition of fifteen states has launched a legal battle against the Biden administration over a new rule set to provide health coverage to immigrants brought to the U.S. illegally as children.

According to the Associated Press, the lawsuit seeks to block the implementation of the rule on November 1, arguing that it violates federal laws and could encourage further illegal immigration.

The controversial policy is part of a broader effort by the Biden administration to extend healthcare benefits under the Affordable Care Act (ACA) to this group of immigrants, commonly referred to as "Dreamers."

The states involved in the legal action include Alabama, Idaho, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.

States Claim Rule Encourages Illegal Immigration, Burdens Public Systems

The states contend that the Biden administration's rule would incentivize more illegal immigration, placing a significant burden on the states and their public school systems. They rely on a 2023 report from the Federation for American Immigration Reform to support their argument that increased illegal immigration leads to higher costs for the states.

Kansas Attorney General Kris Kobach, known for his hardline stance on immigration, is among those involved in the lawsuit. Kobach stated:

Illegal aliens shouldn't get a free pass into our country. They shouldn't receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn't get a free pass to violate federal law.

The lawsuit comes amidst ongoing criticism from Republicans who claim that President Biden and Vice President Kamala Harris have been ineffective in curbing illegal immigration.

Biden Administration Defends Rule, Praises Dreamers' Contributions

Despite the legal challenge, President Biden has expressed his support for the rule and the contributions made by "Dreamers" to the United States. In May, while outlining the rule, Biden stated, "I'm proud of the contributions of Dreamers to our country."

The states involved in the lawsuit argue that declaring "Dreamers" as having a "lawful presence" is illogical, given that they would face deportation without the Biden administration's intervention. However, at least 25 states, including some involved in the lawsuit, allow "Dreamers" to pay lower tuition rates reserved for their residents.

Rule Set To Take Effect Amid Ongoing Immigration Debate

The controversial rule is set to take effect on November 1, coinciding with the opening of the Affordable Care Act's marketplace enrollment. This legal battle unfolds against the backdrop of a larger debate on immigration in the United States.

While border crossings reached record highs during the Biden administration, they have recently shown signs of decline. Many economists have concluded that immigrants provide a net economic benefit and have played a role in fueling job growth following the COVID-19 pandemic, which helped prevent a recession.

In conclusion, the lawsuit filed by the 15 states reflects the ongoing tensions surrounding immigration policy in the United States. The states argue that the Biden administration's rule violates existing laws and will encourage further illegal immigration, while the administration maintains its support for "Dreamers" and their contributions to the country.

As the rule's effective date approaches, the legal battle is likely to intensify, with the outcome having significant implications for both the immigrants affected and the states involved.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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