15 states sue to block Biden from allowing 100,000 'Dreamers' to enroll in 'Obamacare'

SEATTLE - 15 states all across the nation filed federal lawsuits against a Biden administration rule that is expected to allow 100,000 immigrants brought to the U.S. illegally as children to enroll in the federal Affordable Care Act's health insurance, also known as 'Obamacare,' next year.

The lawsuit argues that the rule violates a 1996 welfare reform law and the ACA. It also claims that it would encourage more immigrants to come to the U.S. illegally, burdening the states and their public school systems.

"Illegal aliens shouldn't get a free pass into our country," Kansas Attorney General Kris Kobach said. "They shouldn't receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn't get a free pass to violate federal law," he added.

Enacted in 2010, the Affordable Care Act was created to include provisions that set standards for comprehensive health coverage as well as making it more affordable for people. But 15 states are seeking to block the rule from taking effect on Nov. 1, filling suits in North Dakota, one of the states involved.

Besides North Dakota, the other states involved in the lawsuit are Alabama, Kansas, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, South Dakota, Tennessee and Virginia.

Despite Idaho and Virginia being the only states that run their own health insurance marketplaces instead of relying on a federal one, they argue that they all face higher costs from increased illegal immigration. "Subsidized health insurance through the ACA is a valuable public benefit that encourages unlawfully present alien beneficiaries to remain in the United States," the lawsuit said.

Last year, President Biden announced that hundreds of thousands of immigrants brought to the U.S. illegally as children would be able to apply for Medicaid and the ACA, but the move took longer than promised to finalize and fell short of the initial proposal to allow those migrants to sign up for Medicaid, the health insurance program that provides nearly free coverage for the nation's poorest people.

Under the U.S. Department of Health and Human Services rule, Deferred Action for Childhood Arrivals (DACA) enrollees also known as "Dreamers" will have access to insurance and related financial assistance such as tax credits and reduced out-of-pocket costs under the change. It is set to take effect on Nov. 1, the same day as marketplace enrollment opens for the ACA.

The DACA program offers deportation relief and work permits to those children who were brought to the U.S. and overstayed their visas as children. About 530,000 people are currently enrolled in the program.

Asylum seekers and people with temporary protected status are already eligible to purchase insurance through the marketplaces of the ACA. The Biden administration decided not to expand eligibility for Medicaid for those migrants after receiving more than 20,000 comments on the proposal, senior officials said back in May.