Tennessee Office of Attorney General

08/08/2024 | Press release | Distributed by Public on 08/08/2024 15:45

TN AG Joins 15 State Coalition in Lawsuit to Stop Biden Admin from Extending Full Health Care Benefits to Illegal Immigrants

TN AG Joins 15 State Coalition in Lawsuit to Stop Biden Admin from Extending Full Health Care Benefits to Illegal Immigrants

Thursday, August 08, 2024 | 04:04pm

NASHVILLE - Today, Tennessee Attorney General Jonathan Skrmetti, along with a coalition of 14 other state attorneys general led by Kansas, filed a lawsuit in federal court to halt the Biden administration's plan of extending ACA benefits to illegal immigrants. The final rule, scheduled to go into effect on November 1, would grant taxpayer-subsidized health plans to over 200,000 illegal immigrants, including thousands of individuals 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 argues that the proposed rule directly contradicts the plain language of the Affordable Care Act (ACA), commonly known as Obamacare. The ACA 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 aliens, the Biden administration is violating the very provisions set forth in the ACA.

Furthermore, the complaint asserts that the proposed rule violates a federal law that prohibits the provision of public benefits to aliens. This law was enacted to ensure that public resources are allocated to those who are lawfully entitled to receive them.

States joining Tennessee and Kansas 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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