GOP states sue to stop Biden admin extending Obamacare to illegal immigrants

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A coalition of Republican states are suing the Biden administration to prevent it from making some illegal immigrants eligible for Obamacare, just days before the 2024 presidential election.

A rule published in May would allow illegal immigrants who came as children and are protected from deportation via the Deferred Action for Childhood Arrivals (DACA) program to be eligible for healthcare through the Affordable Care Act.

Currently, all illegal immigrants are prohibited from accessing the program. The administration said it predicts that the rule, which would go into effect in November, would result in over 100,000 uninsured illegal immigrants being allowed to access insurance.

THESE ILLEGAL IMMIGRANTS ARE ELIGIBLE FOR OBAMACARE AFTER BIDEN RULE CHANGE 

Fifteen states, led by Kansas Attorney General Kris Kobach, claim that the regulation violates federal law that bars giving benefits to illegal immigrants and violates the Act itself.

Kansas Attorney General Kris Kobach participates in a ceremony honoring fallen law enforcement officers at the Statehouse, May 3, 2024, in Topeka, Kansas. (AP Photo/John Hanna)

The ACA, as passed by Congress, limits eligibility to citizens or nationals of the U.S. and those "lawfully present," the complaint says.

"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," 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 ‘UNLAWFUL’ DACA PROGRAM 

The Department of Health and Human Services (HHS) rule would allow DACA recipients to apply for coverage through HealthCare.gov and state-based marketplaces by making what HHS calls "technical modifications" to the definition of "lawfully present" used to determine eligibility.

In a statement on the rule, President Biden renewed his calls for those he called "Dreamers" to be granted a pathway to citizenship along with others of millions of illegal immigrants.

HARRIS AND WALZ BOTH SUPPORT AMNESTY FOR ILLEGAL IMMIGRANTS 

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"I’m proud of the contributions of Dreamers to our country and committed to providing Dreamers the support they need to succeed. That’s why I’ve previously directed the Department of Homeland Security to take all appropriate actions to ‘preserve and fortify’ 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 Day One of my administration, I sent a comprehensive immigration reform plan to Congress to protect Dreamers and their families. Only Congress can provide Dreamers permanent status and a pathway to citizenship. Congress must act."

Vice President Harris, in a separate statement, made a similar appeal.

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"President Biden and I will continue to do everything in our power to protect DACA, but it is only a temporary solution. Congress must act to ensure Dreamers have the permanent protections they deserve," she said.

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