Judge Nullifies Dreamers' Access to Affordable Care Act Marketplace
In a ruling issued on Monday, U.S. District Court Judge Daniel Traynor has prevented Dreamers from obtaining health insurance through the Affordable Care Act's public marketplace in 19 states.
Dreamers, immigrants who were brought without authorization to the United States as children, are typically entitled to temporary, renewable work and residency permits, and must meet stringent criteria to remain in the program. However, this ruling has put a halt to their access to health insurance under the ACA in a significant portion of the country.
Judge Traynor's decision comes as a result of a lawsuit filed by conservative attorneys general from 19 states, who argued that the Biden administration's health insurance rule for Dreamers could incentivize people to remain in the United States illegally, creating a substantial risk of monetary harm for the plaintiff states. The attorneys general also cited concerns that undocumented Dreamers could use their Affordable Care Act insurance to qualify for other public benefits.
The ruling is seen as a victory for these conservative attorneys general and a setback for the outgoing Biden administration, which had allowed about 147,000 Dreamers to enroll for coverage. The administration had argued that Dreamers, who are eligible for temporary, renewable work and residency permits, should be considered "lawfully present" for the purpose of the Affordable Care Act. However, Traynor stated that the federal government does not have the authority to redefine the term 'lawfully present' to include Dreamers in this context.
The National Immigration Law Center, an organisation that has been advocating for Dreamers' access to health insurance under the Affordable Care Act, has expressed its disappointment with the ruling and plans to continue its fight on the matter. Nicholas Espiritu, the deputy legal director of the National Immigration Law Center, has stated that some Dreamers have been waiting more than a decade for "life-sustaining care" through the Affordable Care Act.
Drew Wrigley, the Republican attorney general of North Dakota, has expressed his opinion that decisions regarding Dreamers' access to health insurance should be made by Congress. Wrigley has also spoken about the cost of the healthcare system and the burden on the American public, suggesting that the ruling speaks to these concerns.
It is important to note that this ruling does not affect Dreamers' access to health insurance in the remaining states. Additionally, in general, Dreamers cannot remain in the United States if they have been accused or convicted of certain crimes.
Espiritu has indicated that his group will appeal Judge Traynor's ruling and continue its fight on the matter. The National Immigration Law Center and Dreamers alike are left waiting to see how this issue will unfold in the coming months.
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