Fourteen Democratic-led states are mobilizing to defend a healthcare rule introduced by the Biden administration, aimed at providing health insurance to Deferred Action for Childhood Arrivals (DACA) recipients. This comes amidst opposition from Republican-led states and uncertainty surrounding the incoming administration of President-elect Donald Trump.
The Biden administration’s rule, introduced in 2024, classifies DACA recipients as “legally present” in the United States. This designation allows them to access basic healthcare programs under the Affordable Care Act (ACA). The rule seeks to ensure health coverage for immigrants brought to the U.S. illegally as children, addressing gaps in healthcare access for this population.
Republican-led states have filed a lawsuit challenging the rule, arguing that DACA recipients, by definition, lack legal status and should not qualify as “legally present.” A federal judge temporarily blocked the rule from being implemented in the states involved in the lawsuit. The Trump campaign has also criticized the rule, labeling it “unfair and unsustainable.”
Led by New Jersey Attorney General Matthew Platkin, the Democratic attorneys general have filed a motion in North Dakota federal court to take over the defense of the rule. They expressed concerns that the Trump administration might not defend the rule vigorously.
The Democratic officials argue that without the rule, their states would bear the financial burden of providing medical care to uninsured immigrants, while also losing potential revenue from premiums paid to state-run insurance exchanges.
The DACA program, established in 2012, has faced legal and political challenges since its inception. Former President Trump attempted to terminate the program during his first term but was thwarted by the U.S. Supreme Court. The healthcare rule represents a significant step in addressing the needs of DACA recipients, but it has become a focal point of partisan debate.
Experts note that the rule could provide critical healthcare access to nearly 50,000 DACA recipients living in the 19 states involved in the lawsuit. However, the legal challenges could delay or prevent the rule’s implementation, leaving many without necessary coverage.
As the political landscape shifts, the defense of this healthcare rule highlights the broader debate over immigration and healthcare policy in the United States. The outcome of this case could have far-reaching implications for DACA recipients and the states supporting their integration into the healthcare system.
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