On Wednesday, attorneys general from 14 U.S. states led by New Jersey Attorney General Matthew Platkin filed a motion to take over the defense of a key healthcare rule from the outgoing Biden administration. This rule allows immigrants brought to the U.S. illegally as children, known as DACA recipients, to access health insurance coverage.
The Democratic officials, in a filing at a federal court in North Dakota, expressed concerns that the incoming administration under Republican President-elect Donald Trump would likely not defend the rule against challenges from Republican-led states. Trump had criticized the healthcare rule during his campaign, saying it was “unfair and unsustainable.”
In response to the legal challenges, a federal judge recently blocked the rule temporarily in the states that filed the lawsuit. The Democratic attorneys general argue that without the rule, their states will face significant financial burdens. They would have to cover the cost of medical care for uninsured immigrants and lose revenue from premiums collected by state-run health insurance exchanges.
“This case requires parties who are both willing and positioned to defend the Final Rule,” the Democratic officials said in their filing. Platkin was joined by the attorneys general of California, Illinois, Maryland, and Michigan, among others, who seek to ensure the rule remains in place.
The rule, which was introduced as part of the Affordable Care Act in 2010, classifies DACA participants as “legally present” in the United States. This status allows them to participate in health insurance programs under the ACA. However, Republican-led states argue that DACA recipients, by definition, lack legal status, and therefore, should not be considered “legally present.”
The legal dispute comes after the Trump administration attempted to end the DACA program during its first term but was blocked by the U.S. Supreme Court. Nearly 50,000 DACA recipients live in the 19 states that are challenging the healthcare rule.
Both the office of Republican Kansas Attorney General Kris Kobach, who is leading the lawsuit, and the U.S. Department of Justice have not yet responded to requests for comment.
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