(DailyVantage.com) – Attorneys general from 15 states filed a federal lawsuit earlier this month challenging the new Biden administration rule that would permit roughly 100,000 illegal aliens to enroll in Obamacare next year.
The states, led by Kansas Attorney General Kris Kobach, are seeking to block the new rule from taking effect that would let so-called “Dreamers” get access to taxpayer-subsidized insurance premiums when Obamacare’s enrollment opens on November 1.
The lawsuit, which was filed in US District Court in North Dakota, argues that the rule violates the Affordable Care Act and the 1996 welfare reform law. The plaintiffs also argue that the rule would encourage further illegal immigration, placing further burdens on the healthcare and public school systems of their states.
In a statement announcing the lawsuit, Attorney General Kobach said illegals should not receive taxpayer benefits and the Biden-Harris administration should not “get a free pass to violate federal law.”
According to the lawsuit, the Affordable Care Act passed by Congress during Barack Obama’s first term in office limited eligibility to US citizens and those “lawfully present” in the US.
The rule also violates the welfare reform law enacted during Bill Clinton’s second term that prohibits illegal aliens from receiving public benefits, the lawsuit states.
The so-called “Dreamers” are not “lawfully present” in the United States and therefore are ineligible for taxpayer-subsidized health insurance. Declaring them “lawfully present” by administrative rule is “illogical on its face,” the lawsuit states. It argues that providing taxpayer subsidies to illegal aliens would encourage “unlawfully present alien beneficiaries” to remain in the country.
In addition to Kansas, the other states named as plaintiffs in the lawsuit are Alabama, Iowa, Missouri, North Dakota, South Dakota, Idaho, New Hampshire, Indiana, Montana, Nebraska, South Carolina, Ohio, Virginia, and Tennessee.
In May, President Biden defended the new rule, claiming that it was part of his commitment to provide support to so-called “Dreamers” so they could succeed. The Biden-Harris administration is also protecting “Dreamers” from deportation.
Copyright 2024, DailyVantage.com
