Republican States Launch Legal Battle to Halt Obamacare for Dreamers

The Biden administration has broadened the Affordable Care Act (ACA) to include Dreamers, undocumented immigrants who arrived as minors and are under the Deferred Action for Childhood Arrivals (DACA) program.

Kansas Attorney General Kris Kobach is leading a multistate coalition opposing this expansion. On Thursday, Kobach filed a lawsuit in federal court in North Dakota.

Kobach argued that undocumented residents should not receive taxpayer-funded benefits and accused the Biden administration of violating federal law. “They shouldn’t get a free pass into our country,” Kobach said.

Kansas and 14 other states argue that extending ACA coverage to DACA recipients breaches the 1996 Personal Responsibility and Work Opportunity Reconciliation Act and the ACA itself. The lawsuit contends that only U.S. citizens and lawful migrants qualify for ACA benefits.

This legal action follows President Biden and Vice President Kamala Harris’s May announcement to expand ACA coverage to DACA beneficiaries. According to the White House, starting in November, DACA recipients can apply for health insurance through HealthCare.gov and state-based marketplaces, potentially receiving financial assistance to afford these plans.

DACA, established by President Barack Obama in 2012, grants protection from deportation and work permits to certain undocumented individuals who came to the U.S. as children. To qualify for DACA, individuals must have been born on or after June 16, 1981, and entered the U.S. before their 16th birthday.

Despite Obama’s initiative, Dreamers remained ineligible for government-subsidized health insurance due to their lack of lawful presence. The Biden administration’s redefinition of “lawfully present” enables DACA participants to enroll in ACA programs, a move criticized by Republicans, including former President Donald Trump.

Republicans argue that expanding ACA eligibility imposes additional administrative burdens on states with their own ACA exchanges. Attorneys general from Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia have joined Kansas in the lawsuit.

Kobach did not explain why North Dakota was chosen as the venue for the lawsuit. His office did not immediately respond to requests for comment.

Not all experts agree with the Republican stance. Nicole Hallett, a law professor and director of the Immigrants’ Rights Clinic at the University of Chicago, supports extending healthcare benefits to DACA recipients. “The oldest of DACA recipients are now approaching middle age,” Hallett said. “They are raising families, buying homes, and are fully integrated into our society. There is no reason they shouldn’t get access to healthcare too.”