In a North Dakota federal courtroom, attorneys general from Kansas, North Dakota, and South Dakota led a hearing challenging a federal rule that permits certain undocumented immigrants, specifically DACA Deferred Action for Childhood Arrivals recipients, to access health care plans under the Affordable Care Act ACA. This rule, adopted by the Department of Health and Human Services HHS, clarifies that lawfully present immigrants includes DACA recipients, which was previously undefined in administrative regulations.
The lawsuit, supported by 19 states, argues that the HHS lacks the statutory authority to redefine eligibility for federal benefits and claims that the rule could increase state expenses related to education, healthcare, and public safety.
The states assert that this provision encourages DACA recipients to remain in the U.S. longer, thereby straining public resources.
Kansas Attorney General Kris Kobach criticized the rule as an overreach of federal authority, arguing it redefines immigration policy through regulatory means.
He indicated that around 200,000 individuals could potentially gain access to federally subsidized health insurance if the rule remains in effect.
DACA recipients and CASA Inc., an immigration advocacy group, seek to intervene in the case, asserting that DACA individuals contribute significantly to their communities.
Meanwhile, the government contends that Congress intended for DACA recipients to be eligible for ACA insurance, aiming to decrease the uninsured population.
U.S. District Court Judge Daniel Traynor noted that the plaintiffs need to present more data on how the rule financially impacts North Dakota, especially since the state does not run its own ACA marketplace. The judge also expressed that states with their own marketplaces might be more directly affected. The case’s outcome may hinge on the availability of data linking the rule to increased public costs.
The litigation arises amid ongoing discussions about DACA, with a recent ruling from a Texas judge striking down the program, which is currently under appeal.