In Topeka, Kansas, a coalition of fifteen states has filed a lawsuit challenging a recent federal initiative under President Joe Biden. The lawsuit targets a specific provision that would bar approximately 100,000 undocumented immigrants, who were brought to the United States as children, from participating in the Affordable Care Act (ACA) health care programs starting next year.
The states, led by North Dakota, are trying to block the implementation of a Nov. 1 policy that would grant these individuals, often called “Dreamers,” the ability to receive tax benefits while purchasing subsidized health care. The legal dispute comes just days before the early registration period for these benefits, which coincides closely with the upcoming presidential election.
Opposition comes primarily from states with Republican attorneys general who argue that the new rule contravenes the Welfare Reform Act of 1996 and the ACA itself. They argue that allowing illegal immigrants to stay could place additional burdens on state resources and public education systems.
Despite these claims, numerous economic studies suggest that immigrants have contributed positively to the U.S. economy, particularly noting an increase in employment during the COVID-19 pandemic, which helped prevent a deeper economic crisis.
The legal move comes amid criticism from Republican leaders who argue that the Biden-Harris administration has been ineffective in dealing with illegal immigration, despite a recent decline in border crossings.
Kansas Attorney General Kris Kobach, known for his tough immigration policies, including his role in Arizona's controversial immigration law, stressed, “Illegal immigrants must not be allowed to freely violate federal laws.”
The group of states challenging the rule includes Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, South Dakota, Tennessee, and Virginia, as well as Kansas and North Dakota.
The Department of Health and Human Services (HHS) has been on hold on this issue until the latest updates. However, President Biden has expressed his commitment to supporting Dreamers, emphasizing their inclusion and contributions to American communities.
Currently, fewer than half of states, including some involved in this legal challenge, offer in-state college tuition to Dreamers, reflecting differing state policies toward undocumented immigrants.
The Biden administration continues to defend Dreamers from deportation, highlighting the contradiction in the arguments of states that simultaneously recognize Dreamers’ contributions but deny them legal protections and benefits.
The debate intensifies as states argue that allowing illegal immigrants to access ACA benefits could incentivize illegal residency, a point of contention as the nation grapples with immigration reform and health care affordability.