A federal judge in North Dakota has temporarily blocked undocumented immigrants in 19 states from accessing federally subsidized health insurance under a new rule from the U.S. Department of Health and Human Services (HHS).
U.S. District Court Judge Dan Traynor granted a request from Republican attorneys general in those states to halt the rule, which allows Deferred Action for Childhood Arrivals (DACA) recipients to access health coverage through the Affordable Care Act (ACA). The coalition of states, including Kansas and Missouri, seeks to permanently overturn the rule, arguing it contradicts federal law and imposes additional costs on state governments.
The rule, effective Nov. 1, redefined DACA recipients and certain undocumented immigrants with employment authorization as “lawfully present,” making them eligible for ACA benefits. Previously, this group was not explicitly included under ACA guidelines. The plaintiff states filed suit in August, asserting that Congress never intended for DACA recipients to qualify for ACA programs.
HHS defends the rule, stating it aligns with the ACA’s goal to reduce the uninsured population. DACA recipients and advocacy group CASA Inc. have intervened in support of the federal agency. A final decision on the case is pending.