RICHMOND, Va. – Virginia Attorney General Jason Miyares has joined a 15-state coalition in filing a lawsuit to stop the Biden-Harris administration from extending Affordable Care Act benefits to illegal immigrants.
The final rule, set to take effect on November 1, would make more than 200,000 Deferred Action for Childhood Arrivals (DACA) recipients eligible for taxpayer-funded health plans, including 7,810 in the Commonwealth of Virginia. Miyares argues this is an illegal move by the federal government.
“Once again, the Biden-Harris administration has shown a blatant disregard for the rule of law. I will continue protecting Virginia taxpayers from the consequences of the unlawful federal actions,” Miyares said.
The lawsuit contends that the proposed rule directly contradicts provisions in the Affordable Care Act and the Personal Responsibility and Work Opportunity Reconciliation Act that only U.S. citizens and those lawfully present in the country are eligible to participate in subsidized health exchanges.
Because DACA recipients are not “lawfully present” in the United States, they are categorically ineligible for these public benefits, according to the 15-state coalition.
In addition to Virginia and Kansas Attorney General Kobach, attorneys general from Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, and Tennessee also joined the suit.
