Kansas Attorney General Kris Kobach, known for his strong stance on immigration issues, has taken a bold step by filing a lawsuit on behalf of 15 states to prevent President Joe Biden from expanding health care access to DACA recipients. The lawsuit challenges a federal rule issued by the U.S. Department of Health and Human Services that would allow DACA recipients to participate in the Affordable Care Act’s insurance marketplace, receiving taxpayer-subsidized health plans starting November 1.
Joining Kobach in this legal battle are attorneys general from Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia. The lawsuit aims to delay the implementation of the HHS rule and ultimately have it vacated, arguing that it violates federal law and is arbitrary and capricious.
Kobach argues that allowing DACA recipients to access taxpayer-funded benefits goes against existing laws that limit federal public benefits to certain „qualified aliens.“ He points out that DACA recipients were not included in the definition of qualified immigrants established by Congress in 1996. Additionally, eligibility for participation in the ACA’s qualified health plans is restricted to „citizens or nationals“ of the United States or „aliens lawfully present in the United States,“ according to Kobach’s filing.
The Secretary of HHS, Xavier Becerra, has expressed support for extending health coverage to DACA recipients, stating that it could benefit up to 100,000 previously uninsured individuals. Becerra emphasizes that DACA recipients are contributing members of society, including students, teachers, and healthcare professionals, who deserve access to healthcare.
Kobach estimates that as many as 200,000 DACA recipients could become eligible for health insurance through the marketplace under the HHS rule. The numbers vary by state, with Kansas and Missouri having thousands of DACA participants each. Other plaintiff states, such as Virginia, Indiana, Tennessee, South Carolina, New Hampshire, North Dakota, and Montana, also have significant numbers of DACA recipients who could potentially benefit from the expanded health coverage.
Alabama Attorney General Steve Marshall and South Carolina Attorney General Alan Wilson have voiced their opposition to the Biden administration’s move to broaden the reach of Obamacare to DACA recipients. Marshall sees it as an assault on American workers, while Wilson views it as an unconstitutional overreach by the administration.
Overall, the lawsuit led by Kris Kobach raises important legal and ethical questions about extending healthcare benefits to DACA recipients and the boundaries of federal authority in providing such benefits. The outcome of this legal battle will have significant implications for DACA recipients and the future of healthcare access for undocumented individuals in the United States.