A coalition of 15 states, led by Kansas, has filed a lawsuit against the Biden-Harris administration to prevent the enrollment of noncitizens in the Affordable Care Act (ACA), commonly known as Obamacare.
The legal action, as reported by The Center Square, aims to block a rule change that would allow certain foreign nationals, including Deferred Action for Childhood Arrivals (DACA) recipients, to access taxpayer-funded health care benefits.
The lawsuit, filed in the U.S. District Court for the District of North Dakota Western Division, challenges a final rule issued by the Centers for Medicare and Medicaid Services (CMS). This rule redefines the term "lawfully present" to include DACA recipients, potentially granting them access to ACA coverage starting November 1, 2024.
At the heart of the legal challenge is the contention that the CMS rule change violates multiple federal laws. The plaintiff states argue that the Affordable Care Act, as enacted by Congress, explicitly limits eligibility to U.S. citizens, nationals, and aliens lawfully present in the country.
Kansas Attorney General Kris Kobach, who is spearheading the lawsuit, asserts that the Biden-Harris administration's actions are in direct conflict with existing federal statutes. The complaint alleges violations of the Administrative Procedures Act and federal laws prohibiting taxpayer-funded benefits for illegal foreign nationals.
The lawsuit emphasizes that DACA recipients, by definition, are unlawfully present in the United States. This status, the plaintiffs argue, should preclude them from accessing benefits under the ACA, regardless of the administration's rule change.
If implemented, the CMS rule change could potentially extend taxpayer-subsidized health plans to over 200,000 DACA recipients nationwide. This prospect has raised concerns among the plaintiff states about the fiscal impact on their taxpayers and the broader implications for immigration policy.
DACA, established by former President Barack Obama through executive order in 2012, has been a subject of ongoing legal battles. The program aims to shield from deportation individuals who were brought into the country illegally as children. However, its legality has been questioned, with a federal judge ruling twice that the program is illegal.
Attorney General 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. That's why I am leading a multistate lawsuit to stop this illegal regulation from going into effect.
The lawsuit brings together a coalition of 15 states, including Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia, alongside lead plaintiff Kansas.
These states are seeking several forms of relief from the court. They have requested a postponement of the rule's effective date, a complete vacatur of the rule, an injunction preventing its implementation, and reimbursement of attorneys' fees and costs associated with the lawsuit.
The legal action cites data from various sources, including the Migration Policy Institute and Pew Research Center, to estimate the number of illegal foreign nationals who might receive public benefits and the associated costs to taxpayers in each plaintiff state.
In conclusion, this lawsuit represents a significant challenge to the Biden administration's efforts to expand healthcare coverage to noncitizens through the Affordable Care Act. The outcome of this legal battle could have far-reaching implications for immigration policy, healthcare access, and the interpretation of federal laws governing public benefits. As the case progresses, it will likely draw attention to the ongoing debate surrounding DACA and the broader issues of immigration reform in the United States.
