Republican attorneys general seek to block rule providing health insurance for DACA recipients

The federal agency this year adopted a rule that clarifies, among other things, that “lawfully present” immigrants does include participants in DACA

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National News

October 16, 2024 - 9:21 PM

North Dakota Attorney General Drew Wrigley, left, speaks during a news conference following a hearing in a lawsuit against a federal rule authorizing DACA participants to access subsidized health insurance under the Affordable Care Act. With Wrigley are Kansas Attorney General Kris Kobach, center, and South Dakota Attorney General Marty Jackley. Photo by Mary Steurer/North Dakota Monitor

Three Republican attorneys general argued in a federal courtroom in North Dakota on Tuesday that a federal rule allowing some undocumented immigrants to receive subsidized health insurance should be stopped — or at the very least, delayed.

The attorneys general for Kansas, North Dakota and South Dakota led the hearing on behalf of 19 states challenging the rule, which would allow undocumented immigrants protected under the Deferred Action for Childhood Arrivals program to access health care plans under the Affordable Care Act.

The immigration program, also known as DACA, temporarily delays the deportation of people who immigrated to the United States without documentation when they were children.

Health benefits under the Affordable Care Act are limited to U.S. citizens, nationals or immigrants “lawfully present” in the country.

Previously, DACA recipients were not explicitly defined as meeting this definition in administrative regulations implementing the law.

The federal agency this year adopted a rule that clarifies, among other things, that “lawfully present” immigrants does include participants in DACA. The rule also extends the definition to include undocumented immigrants with certain employment authorization documents.

In August, a group of state governments filed suit over the rule, arguing the Department of Health and Human Services has no statutory basis for changing the definition and that the new rule will force states to spend more money on undocumented immigrants and their families.

The states claim that providing the benefit incentivizes DACA recipients to remain in the United States longer than they otherwise would have, “and thereby causes plaintiff states to expend additional education, healthcare, law enforcement, public assistance, and other limited resources,” according to their complaint.

The United States already has a law defining which undocumented immigrants can qualify for limited federal benefits, and DACA recipients are not among them, the complaint states.

The group of states has asked U.S. District Court Judge Daniel Traynor to either halt enforcement of the rule or push back its effective date. They want Traynor to take action before Nov. 1, when Affordable Care Act open enrollment begins.

Kansas Attorney General Kris Kobach said during the hearing that the rule is an attempt by the federal government to redefine national immigration policy “through regulatory fiat.”

If the rule is left in place, an estimated 200,000 people would become eligible for federally subsidized health insurance through the Affordable Care Act, the plaintiffs claim in court filings.

Three DACA recipients and CASA Inc., an immigration advocacy group, have filed to intervene in the case and also argue the lawsuit should be moved to federal court in the District of Columbia. Traynor has not ruled on those motions.

“DACA recipients are contributors to their communities,” Matthew Rozen, an attorney representing the group, said in a statement to the North Dakota Monitor. “They pay taxes, serve in the military, build families, attend school, and thrive in workplaces.”

Christopher Eiswerth, an attorney representing the U.S. government in the lawsuit, argued during the hearing that Congress did intend for DACA recipients to be eligible for Affordable Care Act insurance.

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