A North Dakota federal judge’s ruling will temporarily keep immigrants in 19 states from getting federally subsidized health insurance.
Judge Dan Traynor of the U.S. District Court granted a coalition of Republican attorneys general’s request on Monday to suspend a new federal rule by the Department of Health and Human Services that permits immigrants protected under the Deferred Action for Childhood Arrivals program to access health care through the Affordable Care Act (ACA).
The 19 states that filed the lawsuit, including Kansas and Missouri, ultimately want the regulation overturned.
Traynor, in a Monday order, said that the plaintiffs are likely to prevail in the complaint because the federal agency violated federal law and the rule will increase state government costs.
The ruling forbids the US Department of Health and Human Services from implementing the regulation in the 19 plaintiff states until they issue a final decision in the lawsuit.
Only U.S. citizens, nationals, or immigrants who are “lawfully present” in the country are eligible for health insurance under the Affordable Care Act.
The dispute is about who the federal government regards as “lawfully present.” Previously, administrative regulations governing the Deferred Action for Childhood Arrivals program did not specifically describe participants as satisfying this requirement. DACA, or Deferred Action for Childhood Arrivals, is an immigration program that delays deportation of persons who arrived in the United States as children without papers.
However, the Department of Health and Human Services’ new rule reaffirmed that DACA recipients are “lawfully present” and thus eligible to obtain Affordable Care Act benefits. The rule also broadens the term to include unauthorized immigrants who possess specific employment authorization documents. It went into effect November 1st.
In August, the plaintiff states filed a lawsuit against the federal agency, claiming that Congress never intended to include DACA recipients 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 encourage immigrants who were otherwise planning to leave the U.S. to stay.
The federal agency has contested this, claiming that Congress has expressed support for DACA recipients receiving health coverage under the Affordable Care Act.
The United States Department of Health and Human Services has also stated that the new rule “aligns with the goals” of the Affordable Care Act by reducing the number of uninsured persons in the country.
According to US Citizenship and Immigration Service data, North Dakota had roughly 130 DACA recipients as of June 30, 2024.
The plaintiff states include 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 participants and CASA Inc., an immigration advocacy group, have sought to intervene in the lawsuit on behalf of the US Department of Health and Human Services.