The Biden-Harris administration was recently hit with a major lawsuit from a group of 15 states seeking to block the federal government from providing taxpayer-funded healthcare through the Affordable Care Act (ACA) to illegal immigrants. The move, led by Kansas and 14 other states, was filed in the U.S. District Court for the District of North Dakota, Western Division.
The lawsuit, which targets the U.S. government and the Centers for Medicare and Medicaid Services (CMS), argues that a recent change in rules from the organization would expand the definition of “lawfully present” individuals to include recipients of Deferred Action for Childhood Arrivals (DACA). The states that have objected to the move from the Biden-Harris administration argue this would be illegal and create a financial burden for taxpayers.
The lawsuit reads, “Plaintiff States bring this civil action under the Administrative Procedure Act (APA) challenging the final administrative rule promulgated by the Centers for Medicare & Medicaid Services (CMS), which expands CMS’ definition of individuals “lawfully present” in the United States to include aliens granted Deferred Action for Childhood Arrivals (DACA). This definition affects coverage under the Affordable Care Act (ACA).”
The complaint argues that Congress has already determined that only “qualified” illegal immigrants in a bill from the late 90s. “Congress has already limited eligibility for federal public benefits to certain qualified aliens in the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA),” the legal measure added.
Furthermore, the plaintiffs maintain that illegal immigrants do not fall under the category of “qualified aliens.” “Aliens granted deferred action under DACA are not included in the definition of such qualified aliens,” the complaint reads. Moreover, it claimed that “DACA recipients are, by definition, unlawfully present in the United States.”
The filing continues, “Similarly, when it enacted the ACA, Congress limited eligibility to participate in a qualified health plan through a subsidized exchange to only “citizen[s] or national[s] of the United States [and] aliens lawfully present in the United States.” 42 U.S.C. § 18032(f)(3). DACA recipients are, by definition, unlawfully present in the United States. Indeed, eligibility for DACA requires unlawful presence in the United States; DHS has merely deferred immigration enforcement action against DACA recipients based on its assertion of prosecutorial discretion. ”
According to the states, providing the United States’ high-quality health care services to illegal immigrants creates an adverse incentive for them to remain in the United States illegally. “The financial value of eligibility for ACA coverage providing access to superior medical care in the United States…constitutes a significant financial incentive for the alien to remain in the United States,” the lawsuit says.
In other news related to legal action brought against the Biden-Harris administration, 16 states have filed a separate lawsuit over an effort to push parole for illegal immigrants with U.S. spouses. “Claiming that it has ‘unfettered discretion,’ Implementation of Keeping Families Together…DHS has announced the creation of a program that effectively provides a new pathway to a green card and eventual citizenship; announcing that it would allow more than 1.3 million aliens who are unlawfully present in the United States—more than 200,000 of whom live in Texas—to circumvent the processes established by Congress to apply for permanent residency,”
