NASHVILLE – Tennessee Attorney General Jonathan Skrmetti, along with attorneys general from 14 other states led by Kansas, has filed a lawsuit in federal court to prevent the Biden administration from extending Affordable Care Act (ACA) benefits to illegal immigrants. The final rule, set to take effect on November 1, aims to provide 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 directly contradicts the ACA’s language, which 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 immigrants, the Biden administration is allegedly violating ACA provisions.
Additionally, the complaint claims that the proposed rule breaches a federal law that prohibits providing public benefits to illegal aliens. This law was established to ensure that public resources are allocated to those lawfully entitled to receive them.
States joining Tennessee and Kansas in the lawsuit include Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, and Virginia.
You can read the complaint in its entirety here.
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