Tennessee Attorney General Jonathan Skrmetti, along with a coalition of 14 other state attorneys general, led by Kansas, has filed a federal lawsuit to stop 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 provide taxpayer-subsidized health plans to over 200,000 illegal immigrants, including thousands in Tennessee.
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“The rule of law means you work to change legislation if you disagree with it, not reinterpret it to fit your agenda,” said Attorney General Skrmetti. “This move to unlawfully extend broad health care benefits to illegal immigrants is part of a broader pattern of executive overreach by an administration that disregards constitutional institutions.”
The lawsuit contends that the proposed rule contradicts the ACA, which limits eligibility for subsidized health plans to U.S. citizens, nationals, and individuals who are “lawfully present” in the United States. The inclusion of illegal immigrants, the lawsuit argues, violates the ACA’s provisions.
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Additionally, the complaint states that the rule breaches federal law prohibiting the provision of public benefits to illegal immigrants, ensuring that public resources are reserved for those legally entitled to 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.
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