WPBN: A coalition of Republican attorneys general, including both Kansas and Missouri, filed a lawsuit to stop a new federal regulation that would allow immigrants who are protected under the Deferred Action for Childhood Arrivals program to get health care through the Affordable Care Act.
A decision made by a federal judge in North Dakota would, for the time being, prevent unauthorized immigrants in 19 states from receiving health insurance that is publicly funded by the federal government.
The request to suspend a new federal rule from the United States Department of Health and Human Services that would allow immigrants who are protected under the Deferred Action for Childhood Arrivals program to access health care through the Affordable Care Act was granted by U.S. District Court Judge Dan Traynor on Monday.
The request was made by a coalition of Republican attorneys general.
The rule is finally being challenged by the 19 states that have filed the lawsuit, which includes the state of Kansas and the state of Missouri.
Through an order that was issued on Monday, Traynor came to the conclusion that the plaintiffs have a good chance of winning the complaint. This is due to the fact that the federal agency behaved in a manner that was contradictory to federal law, and the rule will result in extra expenses for state governments.
The order specifies that until a final decision in the lawsuit is made, the United specifies Department of Health and Human Services is not permitted to enforce the regulation in any of the 19 states that are plaintiffs in the case.
Only individuals who are “lawfully present” in the United States, whether they are citizens, nationals, or immigrants, are eligible to get health insurance coverage under the Affordable Care Act.
Regarding the individuals that the federal government believes to be “lawfully present,” the lawsuit is being filed. Previously, participants in the Deferred Action for Childhood Arrivals program were not expressly defined as meeting this description in administrative regulations that implemented the statute.
Therefore, the definition was not explicitly defined. Those individuals who entered the United States without proper paperwork as children are eligible for the Deferred Action for Childhood Arrivals (DACA) program, which is popularly referred to as DACA.
DACA recipients, on the other hand, are considered to be “lawfully present” and, as a result, are eligible to receive benefits under the Affordable Care Act, according to a new rule issued by the Department of Health and Human Services.
A further extension of the criteria is provided by the rule, which includes unauthorized immigrants who possess particular job authorization credentials. On November 1st, it became operational.
The plaintiff states sued the federal agency in August, claiming that the Affordable Care Act program was never intended by Congress to include DACA recipients and that the new rule will compel states to increase their spending on undocumented immigrants and their families, as well as encourage immigrants who would have otherwise planned to leave the country to stay.
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This has been denied by the federal agency, which claims that Congress has supported DACA recipients who are getting health benefits under the Affordable Care Act.
Since the new rule will lower the number of uninsured persons in the nation, the U.S. Department of Health and Human Services has also stated that it “aligns with the goals” of the Affordable Care Act.
As of June 30, 2024, the U.S. Citizenship and Immigration Service reported that there were about 130 DACA recipients in North Dakota.
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Kansas, Idaho, Nebraska, Ohio, South Carolina, Alabama, Virginia, Tennessee, Indiana, Missouri, Montana, South Dakota, Iowa, New Hampshire, Kentucky, Texas, Florida, and Arkansas are the plaintiff states in this case.
The U.S. Department of Health and Human Services has petitioned to intervene in the case on behalf of three DACA recipients and the immigration advocacy organization CASA Inc.
