A coalition of 15 Republican-led states has initiated legal action against the Biden administration, seeking to prevent approximately 200,000 immigrants brought to the United States as children from accessing federally-run health insurance. This lawsuit, filed on August 8, 2024, challenges a rule adopted by the U.S. Department of Health and Human Services (HHS) in May 2024.
The contested rule, set to take effect on November 1, 2024, classifies participants in the Deferred Action for Childhood Arrivals (DACA) program as "legally present" in the United States. This classification would allow DACA recipients to enroll in basic healthcare programs established by the 2010 Affordable Care Act, commonly known as Obamacare.
Kris Kobach, the Republican Attorney General of Kansas, leads the group of states opposing this rule. They argue that the policy violates federal law prohibiting public benefits for individuals lacking legal immigration status. The states contend that DACA recipients, by definition, lack legal status and therefore should not be considered "legally present."
The lawsuit further claims that the rule improperly encourages DACA participants to remain in the United States illegally, potentially costing states millions of dollars in public services for these individuals and their children. This argument highlights the ongoing debate surrounding the economic impact of DACA recipients.
"Because individuals have to lack legal status to enroll in DACA, they are by definition not legally present in the country."
It's worth noting that DACA, established by executive action under President Barack Obama in 2012, offers deportation relief and work permits to approximately 530,000 "Dreamer" immigrants who were brought to the U.S. illegally or overstayed visas as children. The program remains subject to ongoing legal challenges, with the Supreme Court blocking an attempt to end it in 2020.
In a related development, Greg Abbott, the Republican Governor of Texas, issued an executive order directing state officials to track the costs of providing medical care to undocumented immigrants. This move aligns with the broader Republican stance on immigration and healthcare policies.
The HHS rule would grant DACA enrollees access to insurance and related financial assistance, including tax credits and reduced out-of-pocket costs. This development comes as immigration emerges as a top issue for voters ahead of the November 5, 2024, presidential election.
DACA recipients, who must renew their status every two years and maintain a clean criminal record, contribute an estimated $42 billion annually to the U.S. GDP. Despite this economic impact, they remain ineligible for federal financial aid for college, highlighting the complex nature of their status in American society.
As the legal battle unfolds, the future of healthcare access for DACA recipients hangs in the balance, underscoring the ongoing challenges faced by this group in navigating their place within the U.S. healthcare and immigration systems.