Should people in the United States illegally be eligible for taxpayer-funded healthcare benefits?
New Hampshire Attorney General John Formella says no, and he’s joined a multi-state lawsuit to prevent the Biden-Harris administration efforts to do just that.
“The suit challenges a new rule from the Centers for Medicare & Medicaid Services (CMS) that expands the definition of ‘lawfully present’ to include certain categories of individuals that are in the U.S. illegally,” according to a statement from Formella’s office.
At issue is the White House’s attempt to allow illegal immigrants covered by DACA (Deferred Action for Childhood Arrivals) to get access to taxpayer-subsidized healthcare through Obamacare, aka the Affordable Care Act. Under the new rule, implemented by the Biden administration’s Department of Health and Human Services (HHS), DACA enrollees “will have access to insurance and related financial assistance such as tax credits and reduced out-of-pocket costs under the change,” Reuters reports.
Formella and 14 other attorneys general say that is a clear violation of federal law that prohibits giving public benefits to people who lack legal immigration status.
“New Hampshire is committed to maintaining the integrity of our laws and the rules governing public benefits,” Formella said. “We believe this new CMS rule ignores the clear intent of Congress and threatens to misuse taxpayer money from New Hampshire and across the nation. It’s crucial that federal regulations follow legal limits established by Congress and don’t go beyond what the law allows to ensure that taxpayer funds are used properly.”
DACA is a program that covers illegal immigrants who came to the U.S. as children, many brought here by their parents. As of December 31, 2023, the U.S. Citizenship and Immigration Services (USCIS) reported more than 530,000 active (DACA) recipients. The Migration Policy Institute (MPI) estimates that, if the policy were fully implemented — an idea supported by Harris — 1,161,000 people would be eligible.
And under the new White House policy, they would be eligible for the same taxpayer-funded benefits as legal U.S. residents.
Gov. Tim Walz (D-Minn.)
(CREDIT: Lorie Shaull via Flickr)
The debate over benefits for illegal aliens has heated up with Harris’ pick of Minnesota Gov. Tim Walz (D) as her running mate. As governor, Walz signed legislation making illegal immigrants eligible for taxpayer-subsidized state health care benefits starting in 2025, and at a cost of $109 million. He also expanded free tuition and fees at two- and four-year public colleges in the state to include illegal aliens whose families earn less than $80,000.
He signed a law letting people in Minnesota obtain driver’s licenses regardless of immigration status, and he implemented “sanctuary state” policies, making it easier for illegal immigrants to remain in his state and evade law enforcement.
The Trump campaign is targeting the Harris-Walz ticket over what it calls the “open borders” policies of Democrats, and New Hampshire Republicans are also making illegal immigration an issue in November’s elections for Congress and governor.
“New legislation would be required to expand the criteria for receiving public benefits,” Formella said. “This new rule ignores and effectively overturns the clear criteria established by Congress for receipt of this public benefit. We are asking the Court to uphold the bedrock principle of our Constitutional order that Congress makes the laws, and the executive branch enforces them.”
GOP candidate for governor Chuck Morse agrees.
“This new CMS rule ignores the clear intent of Congress and threatens to misuse taxpayer money from New Hampshire and across the nation. Under my administration, no illegal immigrants will be funded by taxpayer dollars. Any organization in New Hampshire that chooses to support illegal immigration will no longer receive state funding. We must ensure that taxpayer funds are used properly, in line with the law, and in the best interest of our citizens,” Morse said.
Former U.S. Senator Kelly Ayotte told NHJournal she also supports “the Attorney General’s decision to sue the Biden-Harris administration for giving health care benefits to illegal immigrants. This irresponsible policy is yet another example of why it is critical that we elect the Trump-Vance ticket in November to secure our borders and protect law-abiding citizens.”
But the two Democrats running for governor, former Manchester Mayor Joyce Craig or Executive Councilor Cinde Warmington, both declined to say whether they supported or opposed giving tax-funded benefits to illegal aliens.
