Fifteen U.S. states have filed a federal lawsuit to block a new rule from the Biden administration that would allow 100,000 undocumented immigrants, who were brought to the U.S. as children, to enroll in health insurance under the Affordable Care Act (ACA). The lawsuit, initiated by states with Republican attorneys general, seeks to prevent the rule from taking effect on November 1, the same day the ACA marketplace opens for enrollment, just days before the upcoming presidential election.
The states argue that the rule violates both a 1996 welfare reform law and the ACA, and they claim that it would encourage more illegal immigration, leading to increased burdens on state resources, including public schools. Despite these concerns, many economists believe that immigrants contribute positively to the economy, especially in terms of job growth, which helped avoid a recession after the COVID-19 pandemic.
Kansas Attorney General Kris Kobach, known for his strict stance on immigration, is one of the leading figures in this legal challenge. He argues that undocumented immigrants should not receive taxpayer-funded benefits, and that the Biden administration should not be allowed to bypass federal law. The lawsuit has gained the support of 15 states, including North Dakota, where the lawsuit was filed.
The Biden administration, however, remains committed to supporting these young immigrants, often referred to as “Dreamers.” President Biden has emphasized their contributions to American society and has worked to shield them from deportation. Advocates for the Dreamers argue that they had little choice in coming to the U.S. and are now deeply integrated into their communities, with many states allowing them to pay in-state tuition at public universities.
The lawsuit contends that providing ACA benefits to undocumented immigrants encourages them to remain in the U.S. unlawfully. Although only Idaho and Virginia manage their own health insurance marketplaces, all 15 states involved claim they would face increased costs due to the potential rise in illegal immigration if the rule is implemented.