Ruling blocks undocumented immigrants from using health insurance under ACA

BISMARCK — A North Dakota federal judge’s ruling temporarily will keep undocumented immigrants in 19 states from getting federally subsidized health insurance.

U.S. District Court Judge Dan Traynor on Monday, Dec. 9, granted a request from a coalition of Republican attorneys general to suspend a new federal rule from the U.S. Department of Health and Human Services allowing immigrants protected under the Deferred Action for Childhood Arrivals program to access health care through the Affordable Care Act.

The 19 states bringing the lawsuit, which includes North Dakota, ultimately want the rule struck down.

Traynor, in a Monday order, found that the plaintiffs are likely to prevail in the lawsuit because the federal agency acted contrary to federal law and the rule will result in additional expenses to state governments.

Under the order, the U.S. Department of Health and Human Services is prohibited from enforcing the rule in the 19 plaintiff states until a final decision in the case is made.

Access to health insurance under the Affordable Care Act is only open to U.S. citizens, nationals or immigrants “lawfully present” in the country.

The lawsuit concerns who the federal government considers to be “lawfully present.” Previously, participants in the Deferred Action for Childhood Arrivals program were not explicitly defined as meeting this definition in administrative regulations implementing the law. The immigration program, commonly referred to as DACA, delays the deportation of people who immigrated to the U.S. without documentation as children.

The Department of Health and Human Services’ new rule clarified that DACA recipients do count as “lawfully present” and therefore may receive Affordable Care Act benefits. The rule also extends the definition to include undocumented immigrants with certain employment authorization documents. It went into effect Nov. 1.

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 disputed this, arguing that Congress has shown support for DACA recipients receiving health benefits through the Affordable Care Act.

The U.S. Department of Health and Human Services has also said that the new rule “aligns with the goals” of the Affordable Care Act since it will reduce the number of uninsured people in the country.

According to data from the U.S. Citizenship and Immigration Service, there were approximately 130 DACA recipients in North Dakota 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 recipients and CASA Inc., an immigration advocacy group, have filed to intervene in the case on the side of the U.S. Department of Health and Human Services.

This story was originally published on NorthDakotaMonitor.com