legrandangle-lgm

A federal judge’s ruling in North Dakota will temporarily bar undocumented immigrants in 19 states from federally subsidized health insurance.

U.S. District Court Judge Dan Traynor on Monday granted a request from a coalition of Republican attorneys general to suspend a new federal rule from the U.S. Department of Health and Human Services that would allow immigrants protected under the Deferred Action program for Childhood Arrivals can access health care through the U.S. District Court. Affordable Care Act.

The 19 states filing the lawsuit, including Kansas and Missouri, ultimately want the rule struck down.

Traynor, in a Monday orderfound that the plaintiffs are likely to prevail in the lawsuit because the federal agency acted contrary to federal law and the rule will result in additional costs to state governments.

Under the order, the U.S. Department of Health and Human Services is prohibited from enforcing the rule in the plaintiff’s 19 states until a final decision is made in the case.

Access to health insurance under the Affordable Care Act is only open to U.S. citizens, nationals, or immigrants who are “lawfully present” in the country.

The lawsuit is about who the federal government considers “lawfully present.” Previously, administrative regulations implementing the law did not explicitly define Deferred Action for Childhood Arrivals program participants as meeting this definition. The immigration program, commonly called DACA, delays the deportation of people who immigrated to the U.S. undocumented as children.

But the new rule from the Department of Health and Human Services clarified that DACA recipients do count as “lawfully present” and therefore can receive Affordable Care Act benefits. The rule also expands the definition to include undocumented immigrants with certain employment authorization documents. It came into effect on November 1.

The plaintiff says he filed suit against the federal agency in August. arguing that Congress never intended DACA recipients to be included in the Affordable Care Act program, and that the new rule will force states to spend more money on undocumented immigrants and their families — and even immigrants will encourage those otherwise planning to leave the US to stay in the country

The federal agency has disputed this, arguing that Congress has shown support for DACA recipients receiving health benefits through the Affordable Care Act.

The U.S. Department of Health and Human Services has also said the new rule is “aligned with the goals” of the Affordable Care Act because it will reduce the number of uninsured people in the country.

According to data from the US Citizenship and Immigration Servicesthere were approximately 130 DACA recipients in North Dakota as of June 30, 2024.

The plaintiff’s lawsuit states North Dakota, Kansas, Idaho, Nebraska, Ohio, South Carolina, Alabama, Virginia, Tennessee, Indiana, Missouri, Montana, South Dakota, Iowa, New Hampshire, Kentucky, Texas, Florida and Arkansas.

Three DACA recipients and CASA Inc., an immigration advocacy group, have filed with the U.S. Department of Health and Human Services to intervene in the case.

This story was originally published by the Kansas reflector.