Should people in the United States illegally be eligible for taxpayer-funded healthcare benefits?
A group of 15 Republican attorneys general say no, and they’ve filed a multi-state lawsuit to prevent the Biden-Harris administration efforts to do just that.
The lawsuit is led by Kansas Attorney General Kris Kobach.
“Illegal aliens shouldn’t get a free pass into our country. They shouldn’t receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn’t get a free pass to violate federal law. That’s why I am leading a multi-state lawsuit to stop this illegal regulation from going into effect,” Kobach said.
The lawsuit was joined by attorneys general from Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.
At issue is the White House’s attempt to allow illegal immigrants covered by DACA (Deferred Action for Childhood Arrivals) to get access to taxpayer-subsidized healthcare through Obamacare, aka the Affordable Care Act. Under the new rule, implemented by the Biden administration’s Department of Health and Human Services (HHS), DACA enrollees “will have access to insurance and related financial assistance such as tax credits and reduced out-of-pocket costs under the change,” Reuters reports.
The AGs say this is a clear violation of federal law that prohibits giving public benefits to people who lack legal immigration status.
“We believe this new CMS rule ignores the clear intent of Congress and threatens to misuse taxpayer money from New Hampshire and across the nation. It’s crucial that federal regulations follow legal limits established by Congress and don’t go beyond what the law allows to ensure that taxpayer funds are used properly,” said New Hampshire Attorney General John Formella.
DACA is a program that covers illegal immigrants who came to the U.S. as children, many brought here by their parents. As of December 31, 2023, the U.S. Citizenship and Immigration Services (USCIS) reported more than 530,000 active (DACA) recipients. The Migration Policy Institute (MPI) estimates that, if the policy were fully implemented — an idea supported by Harris — 1,161,000 people would be eligible.
And under the new White House policy, they would be eligible for the same taxpayer-funded benefits as legal U.S. residents.
The debate over benefits for illegal aliens has heated up with Harris’ pick of Minnesota Gov. Tim Walz (D) as her running mate. As governor, Walz signed legislation making illegal immigrants eligible for taxpayer-subsidized state health care benefits starting in 2025, and at a cost of $109 million. He also expanded free tuition and fees at two- and four-year public colleges in the state to include illegal aliens whose families earn less than $80,000.
He signed a law letting people in Minnesota obtain driver’s licenses regardless of immigration status, and he implemented “sanctuary state” policies, making it easier for illegal immigrants to remain in his state and evade law enforcement.
The Trump campaign is targeting the Harris-Walz ticket over what it calls the “open borders” policies of Democrats, and New Hampshire Republicans are also making illegal immigration an issue in November’s elections for Congress and governor.
“The new Biden-Harris rule will worsen the disaster at the border,” Kobach wrote in a Wall Street Journal op-ed. “When word about taxpayer-subsidized healthcare reaches the home countries of would-be illegal aliens, many more will make the journey. When you reward illegal behavior, you get more of it.”