For now, ‘Dreamers’ will be shut out of the health care marketplace in 19 states
BISMARCK, N.D. — Young adult immigrants known as “Dreamers” in 19 U.S. states will be temporarily blocked from obtaining health insurance through the Affordable Care Act’s public marketplace, following a ruling by a federal judge. This decision represents a setback for the Biden administration’s efforts to assist immigrants who were brought to the country illegally as children.
Judge Daniel Traynor of the U.S. District Court in North Dakota issued the order from Bismarck, which will remain in effect until the case is resolved at trial. This ruling inhibits an initiative that was projected to allow approximately 147,000 immigrants to enroll in coverage.
The ruling affects immigrants in 19 states where Republican attorneys general have legally challenged the new policy. Their primary concern centered on the potential eligibility of these immigrants for public subsidies that are available to many participants in the ACA.
GOP state officials argued that the rule, established earlier this year by the U.S. Centers for Medicare and Medicaid Services (CMS), would significantly encourage immigrants to remain in the U.S. without legal status, potentially imposing additional costs on the states. They cited existing federal laws that restrict government benefits from being provided to those living in the U.S. illegally.
“Dreamers” are part of a program that places them as a low priority for deportation; however, the political landscape changed with the election of President-elect Donald Trump, who campaigned on a platform that included promises of substantial deportation measures.
In his ruling, Traynor expressed that allowing access to subsidized ACA coverage might serve as a powerful incentive for individuals to remain in the U.S. illegally, leading to potential financial harm for the states.
While federal law gives CMS the responsibility to assess whether individuals are lawfully present in the U.S., Traynor maintained that this authority does not extend to redefining the term “lawfully present” in a manner that circumvents congressional authority.
CMS responded by stating it is reviewing the lawsuit but refrained from commenting further on the matter.
Nicholas Espíritu, deputy legal director of the National Immigration Law Center, expressed disappointment at Judge Traynor’s ruling, describing it as both disappointing and legally incorrect. He affirmed the organization’s commitment to continuing the fight for accessibility to health coverage for Dreamers, many of whom have spent over a decade seeking this crucial support.
Conversely, Kansas Attorney General Kris Kobach characterized the ruling as “a victory for the rule of law.” He articulated concerns regarding the Biden administration’s approach to defining lawful immigration status, equating the situation to “Alice in Wonderland stuff.”
North Dakota Attorney General Drew Wrigley echoed Kobach’s sentiments, emphasizing that it is Congress that determines how the federal government interacts with immigrants residing in the U.S. illegally. He elaborated on the implications of such policies for the healthcare system and the burden on American taxpayers.
Kansas and North Dakota lead the coalition of states involved in the lawsuit, having originally filed it in August. They are joined by a total of 16 states including Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kentucky, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Virginia.
High-ranking officials, like Alabama Attorney General Steve Marshall, lauded the court’s decision as a blow to what they term as Biden’s “radical left-wing agenda.”
