A group of 15 Republican attorneys general is taking legal action against the Biden administration regarding its plan to provide subsidized healthcare to approximately 100,000 DACA recipients. They argue that this initiative breaches federal law.
States involved in the lawsuit, such as Kansas, Tennessee, and Virginia, contend that “Dreamers”—individuals brought to the U.S. illegally as children—should not have access to programs like Medicare and Medicaid, as they lack lawful status.
President Biden announced this healthcare expansion in May, aiming to remove barriers for DACA recipients, with implementation expected on November 1.
Kansas Attorney General Kris Kobach expressed concerns in a recent press release, asserting, “Illegal aliens shouldn’t get a free pass into our country… I am leading a multi-state lawsuit to stop this illegal regulation from going into effect.”
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The lawsuit claims that offering subsidized healthcare to Dreamers, which may include tax advantages, places a financial strain on the states involved. It cites increased costs for education, healthcare, and public assistance due to this expanded coverage.
For example, Montana has about 80 eligible individuals, while North Dakota and South Dakota have around 130 and 190, respectively. States like Indiana and Virginia have over 7,000 potential beneficiaries each.
The plaintiffs also highlight the tax burden on residents to support illegal immigrants without distinguishing between those who are DACA-protected and those who are not.
Virginia’s AG Jason S. Miyares criticized the administration’s actions, accusing it of ignoring the rule of law and vowing to safeguard state taxpayers from federal overreach.
The lawsuit not only opposes the provision of healthcare to DACA recipients but also expresses concerns that reviving and strengthening the DACA program may lead to an increase in illegal immigration.
In response to the ongoing legal challenges, the Biden administration remains committed to the DACA program, emphasizing that healthcare is a right, not a privilege, and has pledged to strengthen the Affordable Care Act.
The states participating in the lawsuit include Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.