South Carolina Attorney General Alan Wilson has joined a federal lawsuit aimed at blocking the Biden administration's move to extend Obamacare coverage to certain undocumented immigrants.
The administration recently expanded the definition of individuals “lawfully present” in the United States to include Deferred Action for Childhood Arrivals (DACA) recipients, commonly known as "Dreamers." These are children who were brought into the country illegally by their parents.
“I’m sympathetic to these people who didn’t choose to be brought here,” Attorney General Wilson stated. “However, this is yet another example of the Biden administration trying to do something it doesn’t have the authority to do.”
The lawsuit contends that Congress has already restricted eligibility for federal benefits to specific qualified aliens, and DACA recipients do not fall under this category. Furthermore, it argues that eligibility for the Affordable Care Act (ACA), or "Obamacare," is limited to “citizens or nationals of the United States and aliens lawfully present.” By definition, DACA recipients are unlawfully present in the U.S.
The final plan, scheduled to take effect on November 1, would make over 200,000 DACA recipients eligible for taxpayer-subsidized health plans. According to U.S. Citizenship and Immigration Services, there are approximately 4,840 DACA recipients in South Carolina. Additionally, there are an estimated 117,000 to 157,000 undocumented immigrants living in South Carolina, costing taxpayers between $555 million and $756 million annually.
The states involved in the lawsuit are requesting that the Court delay the effective date of the Final Rule until judicial review is completed. They also seek a ruling declaring the rule unlawful and preventing its implementation by both the Biden administration and the Centers for Medicare & Medicaid Services.
In addition to South Carolina, other states joining the lawsuit include Kansas, Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Dakota, Tennessee, and Virginia.