A coalition of 19 Republican state attorneys general, led by Kansas' Kris Kobach, has filed a lawsuit against a new Department of Health and Human Services (HHS) rule that allows Deferred Action for Childhood Arrivals (DACA) recipients to access health coverage under the Affordable Care Act (ACA). The lawsuit, assigned to Judge Daniel M. Traynor, argues that the rule oversteps federal law, including the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and ACA guidelines. The litigation challenges the inclusion of DACA recipients in health coverage, citing financial and administrative burdens on states. Click here for article.
The lawsuit claims the rule will increase state expenses and encourage undocumented immigration by expanding access to ACA-subsidized health insurance.
HHS argues that DACA recipients should be treated similarly to other noncitizens granted deferred action and that the rule aligns with the ACA's goals of reducing health disparities.
The states argue the rule violates PRWORA's limits on public benefits and that DACA recipients, being unlawfully present, should not qualify for ACA benefits.
A ruling on whether to delay the rule's implementation, set for November 1, 2024, is expected soon, with oral arguments scheduled for October 15, 2024.
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