Three Republican attorneys general argued Tuesday in federal court in North Dakota that a federal rule that allows some undocumented immigrants to receive subsidized health insurance should be stopped, or at least delayed.
The attorneys general of Kansas, North Dakota, and South Dakota led a hearing on behalf of 19 states, including Nebraska, to provide affordable health care for undocumented immigrants protected under the Deferred Action for Childhood Arrivals program. It challenged the rules allowing access to system-based health plans. Activities.
The immigration program, also known as DACA, temporarily delays deportation for people who immigrated to the United States without documents as children.
Health care benefits under the Affordable Care Act are limited to U.S. citizens, U.S. persons “lawfully present” in the country, or immigrants.
Previously, DACA recipients were not explicitly defined as meeting this definition in the administrative regulations implementing the law.
Federal agencies adopted rules this year that clarify, among other things, that “lawfully present” immigrants include DACA participants. The rule also expanded the definition to include undocumented immigrants with certain employment authorization documents.
In August, a group of state governments filed a lawsuit over the rule, saying the Department of Health and Human Services had no legal basis to change the definition and that the new rule would force states to spend more money on illegal immigrants and their families. claimed that it would be done.
States argue that the payment of benefits encourages DACA recipients to stay in the United States longer than they otherwise would, and that “as a result, plaintiff states receive additional education, medical care, law enforcement, public assistance, and other “It will expend limited resources.” their complaints.
The U.S. already has laws governing which undocumented immigrants are eligible for limited federal benefits, and DACA recipients are not among them, the complaint says.
A group of states asked U.S. District Judge Daniel Traynor to halt enforcement of the rule or delay its effective date. They are asking Traynor to take action by Nov. 1, when open enrollment in the Affordable Care Act begins.
Kansas Attorney General Kris Kobach said at the hearing that the rule is an attempt by the federal government to redefine domestic immigration policy “through statutory regulation.”
If the rule were left in place, an estimated 200,000 people would be eligible for federally subsidized health insurance through the Affordable Care Act, plaintiffs argue in court filings.
Three DACA recipients and immigrant advocacy group CASA Inc.
Local Latino Caucus criticizes NE’s role in lawsuit challenging health insurance for DACA recipients
He filed a motion to intervene in the case, arguing that the case should be moved to federal court in the District of Columbia. Mr. Traynor has not ruled on these motions.
“DACA recipients are contributors to their communities,” Matthew Rosen, an attorney representing the organization, said in a statement to the North Dakota Monitor. “They pay taxes, serve in the military, start families, go to school, and thrive in the workplace.”
There were approximately 130 DACA recipients in North Dakota as of June 30, 2024, according to U.S. Citizenship and Immigration Services data.
Attorney Christopher Eisworth, who is representing the U.S. government in the case, argued during the hearing that Congress intended DACA recipients to be eligible for insurance under the Affordable Care Act.
Eisworth said the agency issued the rule “because we believe all deferred cases should be treated equally.”
The U.S. Department of Health and Human Services also said the rule change is “consistent with the goals of the Affordable Care Act” because it will reduce the number of uninsured people in the United States.
Eisworth argued that the plaintiff states had not presented sufficient evidence that the rule would actually increase costs.
Traynor noted that the language of the rule allows the change to impose a fiscal burden on certain states.
Some states, including those participating in the lawsuit, operate their own Affordable Care Act insurance markets rather than using the federal platform. North Dakota is not among them.
Traynor said the case may be suitable for district courts in states that have their own insurance markets. He said those states would likely suffer direct harm under the rule because taxpayers could be on the hook for subsidizing the health care costs of DACA recipients.
Traynor said if the plaintiffs want to continue their lawsuit, they need to see more data showing the North Dakota government will be financially affected by the rule.
North Dakota Attorney General Drew Wrigley said his office will produce data on how the rule correlates with increases in North Dakota government spending in areas such as education and public safety spending. Ta.
Kobach said it would be easier to analyze the data if the U.S. government provided plaintiffs with the names of DACA recipients. Mr. Eisworth responded that the information was protected from public disclosure.
The states filing the lawsuit are Kansas, North Dakota, Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kentucky, Missouri, Montana, Nebraska, New Hampshire, Ohio, The 19 states are South Carolina, South Dakota, Tennessee, Texas, and Virginia.
Kansas is leading the charge. Kobach said after Tuesday’s hearing that one reason the lawsuit was filed in North Dakota is because the state’s federal courts have a lower backlog compared to other districts.
Mr Traynor said he would consider the matter under advisement.
A federal judge in Texas invalidated DACA last year, finding that the Department of Homeland Security exceeded its authority in creating the program. Under the judge’s order, individuals granted DACA status before July 16, 2021 can continue to participate in the program, but cannot apply for a new one. The court’s decision is currently under appeal.
This article first appeared on the North Dakota Monitor, a sister site of the Nebraska Examiner in the States Newsroom network.
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