Fifteen states with Republican attorneys general have initiated legal action against the Biden administration, challenging a rule that would enable approximately 100,000 immigrants, often referred to as "Dreamers," to enroll in health insurance through the Affordable Care Act (ACA) in 2025. This lawsuit, filed in North Dakota, aims to prevent the rule from taking effect on November 1, 2024, just days before the presidential election.
The states contend that the rule violates both the 1996 welfare reform law and the ACA itself. They argue that it would incentivize further illegal immigration, placing additional burdens on state resources and public education systems. However, it's worth noting that numerous economic studies have indicated that immigrants generally provide a net positive economic impact.
Kris Kobach, the Kansas Attorney General, stated, "Illegal aliens shouldn't get a free pass into our country." Kobach, known for his hardline stance on immigration, played a role in drafting Arizona's controversial "show your papers" law in 2010.
The term "Dreamers" originates from the DREAM Act, first proposed in 2001, which stands for Development, Relief, and Education for Alien Minors. As of 2021, there were approximately 611,470 active DACA (Deferred Action for Childhood Arrivals) recipients in the United States. DACA, established by the Obama administration in 2012, provides protection from deportation and work authorization for eligible individuals who were brought to the U.S. as children.
Advocates for "Dreamers" argue that these young people had little choice in coming to the U.S. and have since become integral parts of their communities. At least 25 states, including some involved in the lawsuit, allow "Dreamers" to pay in-state tuition rates at public universities.
"I'm proud of the contributions of Dreamers to our country."
The Biden administration's rule would declare "Dreamers" as having a "lawful presence" in the U.S., making them eligible for ACA health insurance subsidies. The states filing the lawsuit argue that this declaration is "illogical on its face" given that these individuals would face deportation without the administration's intervention.
It's important to note that DACA recipients are not currently eligible for federal financial aid for college, although some states do provide state aid. The economic impact of DACA recipients is estimated to be over $40 billion annually in GDP, highlighting their significant contribution to the U.S. economy.
As the legal battle unfolds, it remains to be seen how the courts will interpret the states' claims of harm from the new rule. Only two of the 15 states involved in the lawsuit, Idaho and Virginia, operate their own health insurance marketplaces rather than relying on the federal exchange.
This lawsuit is part of a broader Republican effort to challenge Biden administration policies, particularly those related to immigration. As the 2024 presidential election approaches, immigration is likely to remain a contentious issue in American politics.