Chips Loral
2024-08-12 19:56:23 UTC
GAME OVER
https://www.zerohedge.com/political/15-states-sue-block-federal-government-expanding-obamcare-cover-illegal-immigrants
Fifteen states have filed a lawsuit against the Biden administration and
the Centers for Medicare & Medicaid Services (CMS), challenging a new
rule that extends health coverage benefits under the Affordable Care Act
(ACA) to individuals granted Deferred Action for Childhood Arrivals (DACA).
Filed in the United States District Court for the District of North
Dakota on Aug. 8, the lawsuit alleges that the new rule defies existing
federal laws defining eligibility for public benefits.
The states, represented by their attorneys general, argue that the rule
published by CMS in May unlawfully expands the definition of “lawfully
present” to include DACA recipients, thus making them eligible for
federally subsidized health insurance coverage.
“Illegal aliens shouldn’t get a free pass into our country,” Kansas
Attorney General Kris Kobach, who is leading the coalition of states,
said in a statement.
“They shouldn’t receive taxpayer benefits when they arrive, and the
Biden–Harris administration shouldn’t get a free pass to violate federal
law.”
The plaintiffs contend that the CMS rule conflicts with the Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996,
which restricts federal public benefits to certain categories of
“qualified aliens.”
According to court documents, “aliens who have been granted deferred
action under DACA are not included in the definition of such qualified
aliens.”
The plaintiffs argue that CMS’s inclusion of DACA recipients in the
“lawfully present” category contradicts statutory definitions for public
benefits eligibility.
The complaint states that the ACA mandates that only U.S. citizens,
nationals, or aliens “lawfully present” are eligible to enroll in a
qualified health plan through a subsidized exchange.
The plaintiffs assert that “DACA recipients are, by definition,
unlawfully present in the United States,” and therefore should not be
eligible for these benefits. They claim that CMS’s decision is “contrary
to law and arbitrary and capricious.”
Furthermore, the plaintiffs argue that the rule places undue financial
and administrative burdens on the states, particularly those with
state-run ACA exchanges.
They claim that the expansion of coverage incentivizes unlawfully
present individuals to remain in the United States, thereby increasing
fiscal burdens on state resources.
CMS justified the rule, stating it aligns with the “broad aims of the
ACA to increase access to health coverage.”
CMS also cited the economic importance of DACA recipients and their
disproportionately high percentage of uninsured individuals.
The lawsuit seeks declaratory and injunctive relief, requesting the
court to vacate the CMS rule and prevent its implementation. The states
ask for the rule to be postponed pending judicial review and for the
defendants to be enjoined from implementing it.
🚸 🛑 🚸 😵 🎮 ☠️
https://www.zerohedge.com/political/15-states-sue-block-federal-government-expanding-obamcare-cover-illegal-immigrants
Fifteen states have filed a lawsuit against the Biden administration and
the Centers for Medicare & Medicaid Services (CMS), challenging a new
rule that extends health coverage benefits under the Affordable Care Act
(ACA) to individuals granted Deferred Action for Childhood Arrivals (DACA).
Filed in the United States District Court for the District of North
Dakota on Aug. 8, the lawsuit alleges that the new rule defies existing
federal laws defining eligibility for public benefits.
The states, represented by their attorneys general, argue that the rule
published by CMS in May unlawfully expands the definition of “lawfully
present” to include DACA recipients, thus making them eligible for
federally subsidized health insurance coverage.
“Illegal aliens shouldn’t get a free pass into our country,” Kansas
Attorney General Kris Kobach, who is leading the coalition of states,
said in a statement.
“They shouldn’t receive taxpayer benefits when they arrive, and the
Biden–Harris administration shouldn’t get a free pass to violate federal
law.”
The plaintiffs contend that the CMS rule conflicts with the Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996,
which restricts federal public benefits to certain categories of
“qualified aliens.”
According to court documents, “aliens who have been granted deferred
action under DACA are not included in the definition of such qualified
aliens.”
The plaintiffs argue that CMS’s inclusion of DACA recipients in the
“lawfully present” category contradicts statutory definitions for public
benefits eligibility.
The complaint states that the ACA mandates that only U.S. citizens,
nationals, or aliens “lawfully present” are eligible to enroll in a
qualified health plan through a subsidized exchange.
The plaintiffs assert that “DACA recipients are, by definition,
unlawfully present in the United States,” and therefore should not be
eligible for these benefits. They claim that CMS’s decision is “contrary
to law and arbitrary and capricious.”
Furthermore, the plaintiffs argue that the rule places undue financial
and administrative burdens on the states, particularly those with
state-run ACA exchanges.
They claim that the expansion of coverage incentivizes unlawfully
present individuals to remain in the United States, thereby increasing
fiscal burdens on state resources.
CMS justified the rule, stating it aligns with the “broad aims of the
ACA to increase access to health coverage.”
CMS also cited the economic importance of DACA recipients and their
disproportionately high percentage of uninsured individuals.
The lawsuit seeks declaratory and injunctive relief, requesting the
court to vacate the CMS rule and prevent its implementation. The states
ask for the rule to be postponed pending judicial review and for the
defendants to be enjoined from implementing it.
🚸 🛑 🚸 😵 🎮 ☠️