The GOP sues to halt the Biden administration's expansion of Obamacare to undocumented immigrants.
Federal law prohibits the states from implementing the rule.
The Biden administration is being sued by a coalition of Republican states to prevent some illegal immigrants from being eligible for Obamacare, just before the 2024 presidential election.
In May, a rule was published that would enable DACA-protected illegal immigrants who arrived as children to access healthcare under the Affordable Care Act.
The administration predicts that the rule, which would go into effect in November, would result in over 100,000 uninsured illegal immigrants being allowed to access insurance. Currently, all illegal immigrants are prohibited from accessing the program.
Kansas Attorney General Kris Kobach, along with fifteen other states, argues that the regulation goes against federal law prohibiting benefits for illegal immigrants and also violates the Act itself.
The ACA, as passed by Congress, restricts eligibility to citizens or nationals of the U.S. and those who are legally present, according to the complaint.
Kobach stated that illegal aliens should not receive a free pass into the country and should not be entitled to taxpayer benefits upon arrival. Additionally, the Biden-Harris administration should not be allowed to violate federal law. As a result, Kobach is leading a multistate lawsuit to prevent this illegal regulation from being implemented.
The lawsuit has been joined by the attorneys general of Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.
HHS did not respond to a request for comment.
The HHS rule would enable DACA recipients to obtain coverage through HealthCare.gov and state-based marketplaces by making technical changes to the "lawfully present" definition used to assess eligibility.
President Biden renewed his calls for Dreamers and millions of other illegal immigrants to be granted a pathway to citizenship.
The president stated that he is proud of the contributions of Dreamers to the country and committed to supporting their success. He previously directed the Department of Homeland Security to take all necessary actions to preserve and fortify DACA. Today, the president is taking a historic step to ensure that DACA recipients have the same access to health care through the Affordable Care Act as their neighbors.
"On my first day in office, I submitted a detailed immigration reform proposal to Congress to safeguard Dreamers and their loved ones. It is Congress's responsibility to grant Dreamers permanent residency and a path to citizenship. Congress must take immediate action."
Vice President Harris, in a separate statement, made a similar appeal.
"We will continue to do everything we can to safeguard DACA, but it is only a short-term solution. Congress must take action to provide permanent protection for Dreamers," she stated.
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