DACA Immigrants' Health Insurance Expansion Faces Lawsuit from US States

August 9 :
A coalition of states led by Republicans launched a lawsuit against the Biden administration, aiming to prevent up to 200,000 undocumented immigrants who were brought to the United States as minors from enrolling in federally-funded health insurance programs. A group of fifteen states, spearheaded by Republican Kansas Attorney General Kris Kobach, have filed a lawsuit challenging a May rule that the United States Department of Health and Human Services had instituted, claiming that it violates a statute that forbids the provision of public services to anyone without proper immigration documentation.

By virtue of this rule, DACA enrollees are considered to be "legally present" in the US and are thus eligible to participate in the Affordable Care Act's (Obamacare) essential health coverage programs, which were established in 2010. The other states' lawsuits, including Kansas's, argued that DACA enrollees are inherently undocumented since they must be in the country illegally to apply.

They contended that the regulation unjustly compels DACA participants to prolong their unlawful presence in the country, resulting in states being compelled to allocate millions of dollars toward public services catering to them and their children. Requests for comment were not promptly addressed by either the White House or the Department of Health and Human Services.

In a separate development, Republican Texas Governor Greg Abbott ordered state officials to start tallying the expenses incurred by the state from giving medical treatment to individuals in the nation illegally on August 8. For "Dreamer" immigrants who overstayed their visa as children and were brought to the United States illegally, the Deferred Action for Childhood Arrival (DACA) program provides work permits and deportation respite. The program is still embroiled in a legal battle, but it has approximately 530,000 participants.

Insurance and associated financial aid, including tax credits and reduced out-of-pocket costs, will be available to DACA enrollees under the new regulation from the Department of Health and Human Services (HHS), which takes effect on November 1. Voters are focusing on immigration as they prepare to choose between Democratic Vice President Kamala Harris and Republican former President Donald Trump in the next presidential election on November 5.

Despite Trump's efforts to terminate DACA while in office, the program was upheld by the Supreme Court. Concerned that the healthcare rule was unfair and could not be sustained, the Trump campaign attacked it in May.