Missouri Attorney General Andrew Bailey announced today that he has joined a 15-state coalition in filing a lawsuit against the Biden-Harris Administration. The suit challenges a new rule that treats illegal aliens as legal citizens, thereby requiring states to fund their public benefits.
“Not only is the Biden-Harris Administration responsible for bringing illegal aliens into Missouri, they are also giving illegal immigrants access to citizen benefits for free, encouraging them to remain here illegally on the taxpayers’ dime,” said Attorney General Bailey. “The American people are already struggling to make ends meet in the current economy; their paychecks should fund their own healthcare, not the healthcare of those here illegally. I will continue to use every tool at my disposal to ensure that Missourians’ hard-earned dollars are not funding illegal immigration.”
The rule, set to take effect on November 1, would require states to allocate limited resources toward illegal immigrants. According to Attorney General Bailey, there are currently between 77,000 and 104,000 illegal aliens residing in Missouri, costing taxpayers approximately $342 million to $462 million annually.
The lawsuit argues: “In the ACA, Congress limited eligibility to participate in a qualified health plan through a subsidized health exchange to citizens or nationals of the United States and individuals ‘lawfully present’ in the United States.”
The states contend that the Biden-Harris Administration’s new definition of “lawfully present” is unlawful because it contradicts the plain text of the federal Affordable Care Act. “The Final Rule amends CMS’ definition of ‘lawfully present’ for public healthcare benefits to now include unlawfully present aliens who have been granted Deferred Action for Childhood Arrivals (DACA). Now, through the Final Rule, CMS reverses course and proclaims that DACA recipients are in fact ‘lawfully present’ for purposes of receiving taxpayer-funded healthcare benefits through the ACA.”
Attorneys general from Alabama, Idaho, Indiana, Iowa, Kansas, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota Tennessee and Virginia have joined Missouri in filing this lawsuit.