On Thursday, a consortium of Republican-led states filed a lawsuit attempting to prevent the Biden administration from allowing up to 200,000 immigrants brought to the United States illegally as children to get federally funded health insurance.
The 15 states led by Republican Kansas Attorney General Kris Kobach accuse the US Department of Health and Human Services of violating a federal law that bars providing public benefits to those without lawful immigration status. The rule was implemented in May.
The ruling identifies participants in the Deferred Action for Childhood Arrivals (DACA) program, which was established in 2012, as “legally present” in the United States, allowing them to enroll in basic healthcare programs established by the 2010 Affordable Care Act, or Obamacare.
However, Kansas and the other states in their lawsuit said that because individuals must lack legal status to enroll in DACA, they are, by definition, not legally present in the country.
They said that the law unfairly promotes DACA recipients to remain in the United States illegally, causing states to spend millions of dollars on public services for them and their children.
The White House and the Department of Health and Human Services did not immediately reply to calls for comment.
Separately, on Thursday, Texas Republican Governor Greg Abbott issued an executive order instructing state authorities to begin tracking the expenses to the state of providing medical care to illegal immigrants.
The DACA program provides deportation reprieve and work permits to “Dreamer” immigrants who were brought to the US illegally and overstayed their visas as youngsters. The program, with approximately 530,000 participants, is still facing legal challenges.
The HHS rule, which goes into effect on November 1, will provide DACA recipients with access to insurance and other financial help, such as tax credits and lower out-of-pocket expenditures.
Immigration has emerged as a top issue for Americans ahead of the November 5 presidential election, which pits Democratic Vice President Kamala Harris against Republican former President Donald Trump.
Trump, an immigration hardliner, attempted to eliminate DACA during his presidency but was rebuffed by the US Supreme Court. In May, the Trump campaign criticized the healthcare rule as “unfair and unsustainable.”