A North Dakota federal judge’s decision would temporarily prevent unauthorized immigrants in 19 states from receiving federally subsidized health insurance.
On Monday, U.S. District Court Judge Dan Traynor granted a request from a coalition of Republican attorneys general 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.
The 19 states initiating the action, including Kansas and Missouri, ultimately want the rule overturned.
Traynor, in a Monday order, said that the plaintiffs are likely to win the complaint because the federal agency violated federal law and the rule will cost state governments more money.
The ruling prohibits the US Department of Health and Human Services from enforcing the regulation in the 19 plaintiff states until a final decision is rendered in the case.
Access to health insurance under the Affordable Care Act is limited to US residents, nationals, and immigrants who are “lawfully present” in the country.
The lawsuit focuses on who the federal government regards to be “lawfully present.” Previously, participants in the Deferred Action for Childhood Arrivals program were not clearly specified as matching this requirement in administrative regulations that implemented the statute. DACA, or Deferred Action for Childhood Arrivals, is an immigration program that delays the deportation of immigrants who arrived in the United States illegally as children.
However, the Department of Health and Human Services’ new rule reaffirmed that DACA recipients are “lawfully present” and consequently eligible for Affordable Care Act coverage. The rule also broadens the term to include unauthorized individuals with specific job authorization documents. It went into effect on Nov. 1.
The plaintiff states filed a lawsuit 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 stay in the country
The federal agency has contested this, claiming that Congress has shown support for DACA recipients receiving health coverage under the Affordable Care Act.
The US 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 USCIS data, there were roughly 130 DACA recipients in North Dakota as of June 30, 2024.
Plaintiff states in the action 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 organization, have sought to intervene in the lawsuit on behalf of the US Department of Health and Human Services.
