Miyares joins MAGA suit aiming to block Dreamers from health-insurance marketplace

The Biden-Harris administration wants to allow Deferred Action for Childhood Arrivals recipients to sign up for coverage on federal health-insurance exchanges.

A 15-state coalition of Republican state AGs is suing to block the implementation of the initiative, saying that the move is an “unlawful attempt to extend ObamaCare benefits to illegal immigrants.”

“Once again, the Biden-Harris administration has shown a blatant disregard for the rule of law. I will continue protecting Virginia taxpayers from the consequences of the unlawful federal actions,” said Virginia Attorney General Jason Miyares, who is one of the parties to the suit, which is led by the Kansas attorney general, Kris Kobach, a Donald Trump MAGA acolyte.

Jason Miyares

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The contention in the suit is that the proposed federal rule, which is set to take effect on Nov. 1, contradicts provisions in the Affordable Care Act and the Personal Responsibility and Work Opportunity Reconciliation Act that only U.S. citizens and those lawfully present in the country are eligible to participate in subsidized health exchanges.

The AGs contend that, because DACA recipients are not “lawfully present” in the United States, they are categorically ineligible for these public benefits.

The Centers for Medicare & Medicaid Services estimates that the rule could lead to 100,000 previously uninsured DACA recipients, also known as “Dreamers,” enrolling in health coverage through marketplaces or a basic health program.

“HHS is committed to making health coverage accessible for people DACA recipients, Dreamers, who have worked hard to live the American Dream,” said Health and Human Services Secretary Xavier Becerra. “Dreamers are our neighbors and friends; they are students, teachers, social workers, doctors, and nurses. More importantly, they are fellow Americans. More than one third of DACA recipients currently do not have health insurance, so making them eligible to enroll in coverage will improve their health and wellbeing, and help the overall economy.”