SC Attorney General Joins 14 Other States in Challenging Health Insurance for DACA Recipients

South Carolina Attorney General Alan Wilson speaks during a press conference of Republican attorneys general in Washington, D.C.Photo by(File/Drew Angerer/Getty Images)

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TOPEKA, KS — On Thursday, Kansas Attorney General Kris Kobach, joined by 14 other state attorneys general, filed a federal lawsuit aimed at halting President Joe Biden's plan to expand health care access to Deferred Action for Childhood Arrivals (DACA) recipients. The lawsuit was filed in response to a rule issued by the U.S. Department of Health and Human Services (HHS), which would allow DACA recipients to participate in the Affordable Care Act’s (ACA) insurance marketplace.

Key Points of the Lawsuit:

• States Involved: The lawsuit includes Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.
• Legal Basis: The plaintiffs argue that the HHS rule violates federal law by extending government benefits to individuals who are not U.S. citizens or otherwise unlawfully present in the country.
• Claims: The lawsuit claims that DACA recipients do not qualify as "qualified aliens" under the 1996 federal law and are therefore not eligible for ACA benefits.

Statements from Key Figures:

• Kris Kobach, Kansas Attorney General: “Illegal aliens shouldn’t get a free pass into our country... That’s why I am leading a multistate lawsuit to stop this illegal regulation from going into effect.”
• Steve Marshall, Alabama Attorney General: “This administration is demanding that hardworking Americans pay for someone else’s college degree... now they want to dictate paying for health care for people who shouldn’t even be in this country.”
• Alan Wilson, South Carolina Attorney General: “I’m sympathetic to these people who didn’t choose to be brought here... However, this is yet another example of the Biden administration trying to do something it doesn’t have the authority to do.”

Background and Implications:

The Biden administration’s initiative, set to take effect on November 1st, 2024, aims to provide health insurance coverage to DACA recipients through the ACA marketplace. HHS Secretary Xavier Becerra stated that this could lead to 100,000 previously uninsured DACA recipients gaining health coverage. However, the opposing states argue that this expansion oversteps federal authority and imposes undue burdens on taxpayers.

Conclusion: This lawsuit represents a significant legal battle over the interpretation of federal laws concerning immigration and public benefits. As the case progresses, it could have substantial implications for the future of DACA recipients' access to health care in the United States.

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Source: scdailygazette