NASHVILLE – Tennessee Attorney General Jonathan Skrmetti, alongside a coalition of 14 other state attorneys general led by Kansas, has filed a lawsuit in federal court to halt the Biden administration's plan to extend Affordable Care Act (ACA) benefits to illegal immigrants. The final rule, set to take effect on November 1, would grant taxpayer-subsidized health plans to over 200,000 illegal immigrants, including thousands in Tennessee.
“The rule of law means if you don't like what a law says, you work to achieve a legislative change - you don't get to pretend the law says what you want," said Attorney General Jonathan Skrmetti. "This attempt to unlawfully steer broad health care benefits to illegal immigrants is part of a larger pattern of an administration that fails to take our constitutional institutions seriously. Instead of engaging in the hard work of passing legislation, we see endless attempts to illegally rewrite laws through regulation alongside an effort to delegitimate the courts that can check this executive overreach."
The lawsuit contends that the proposed rule contradicts the plain language of the ACA. The ACA restricts eligibility for participation in a qualified health plan through a subsidized health exchange to U.S. citizens, nationals, and individuals who are "lawfully present" in the United States. By including illegal aliens, the Biden administration is allegedly violating provisions set forth in the ACA.
Additionally, the complaint asserts that the proposed rule violates federal law prohibiting the provision of public benefits to aliens. This law was enacted to ensure that public resources are allocated only to those lawfully entitled to receive them.
States joining Tennessee and Kansas include Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, and Virginia.