On October 15, 2024, North Dakota Attorney General Drew Wrigley (left) meets with Kansas Attorney General Kris Kobach and South Dakota Attorney General Marty Jackley in the foyer of the William L. Guy Federal Building in Bismarck. 19 states filed a lawsuit against a federal rule that allows participants in the Deferred Action for Childhood Arrivals program to obtain subsidized health insurance through the Affordable Care Act, prompting the three to appear in federal court for a hearing.
A North Dakota federal judge’s judgment will prevent unauthorized immigrants in 19 states, including Arkansas, from receiving federally subsidized health insurance.
On Monday, U.S. District Court Judge Dan Traynor granted a coalition of Republican attorneys general’s request to suspend a new federal rule issued by the Department of Health and Human Services that allows 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 North Dakota, 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 spending.
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.
The plaintiff states filed suit against the federal agency in August, arguing that Congress never intended for 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 incentivize immigrants who were otherwise planning to leave the U.S. to remain in the country.
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 in the lawsuit are 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.