Republican states challenge Biden effort to extend Obamacare coverage to DACA recipients
By Tami Luhby and Devan Cole, CNN
(CNN) — A coalition of 15 Republican-led states sued the Biden administration Thursday in an effort to stop the federal government from opening up Obamacare to immigrants who were brought to the US illegally as children.
President Joe Biden announced in May that recipients of Deferred Action for Childhood Arrivals, known as DACA, will be eligible for coverage on the Affordable Care Act exchanges, as well as federal subsidies, starting November 1. More than 100,000 recipients could gain health insurance, the White House said.
Republicans, including those on the campaign trail, have criticized the administration for extending services to undocumented immigrants.
“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,” Kansas Attorney General Kris Kobach, whose state is part of the new suit, said in a statement. “That’s why I am leading a multistate lawsuit to stop this illegal regulation from going into effect.”
Attorneys general from the 15 states argue in the complaint filed in federal court that the administration’s effort violates both federal law prohibiting giving benefits to undocumented immigrants and the text of the Affordable Care Act.
“In the ACA, Congress limited eligibility to participate in a qualified health plan through a subsidized health exchange to citizens or nationals of the United States and individuals ‘lawfully present’ in the United States,” the complaint reads. “DACA recipients are, by definition, not lawfully present in the United States.”
The states joining Kansas are Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Virginia.
The officials say that if the Biden administration moves forward with its plans, their states will be harmed by “additional administrative and resource burdens” that will result from DACA recipients being able to use state-run Affordable Care Act exchanges. They also argue that the expanded eligibility will incentivize DACA recipients to stay in the US, which, the officials claim, will result in the states needing to “expend additional education, healthcare, law enforcement, public assistance, and other limited resources.”
Biden’s move was among several immigration measures the president took this spring. He also announced an executive action allowing certain undocumented spouses and children of US citizens to apply for lawful permanent residency without leaving the country. The effort was considered an olive branch to immigration advocates and progressives, many of whom have sharply criticized Biden for previous restrictive actions, including recent steps to limit asylum processing at the US southern border.
The state attorneys general lawsuit is the latest by Republicans challenging Biden administration measures. They are also contesting his student loan efforts, a Department of Labor overtime rule and an Equal Employment Opportunity Commission rule requiring employers to give workers seeking an abortion time off to obtain and recover from the procedure, among others.
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