A group of Democratic attorneys general asked a court on Wednesday to let them defend a federal policy that opened subsidized health coverage to “Dreamers," young adults who were brought to the U.S. illegally as children.
They want to take up the mantle since they anticipate President-elect Donald Trump's administration will not do so after he takes office on Monday.
The request in U.S. District Court in Bismarck, North Dakota, is among the first of what are expected to be many legal skirmishes over policy as the presidency changes hands. New Jersey Attorney General Matthew Platkin is leading 14 Democratic prosecutors in the health care effort.
“Undermining Dreamers’ access to healthcare not only hurts them and their American children, but it harms states like New Jersey too,” Platkin said in a statement. "We will never back down from fighting for our Dreamers, no matter who is in charge in Washington.”
For decades, states have often sued the the federal government — particularly when it's under control of the opposing party — over policy. Democratic attorneys general are also preparing to do just that. There could also be more requests like Wednesday's to let states defend actions taken by the Biden administration.
If a judge allows the Democratic attorneys general to intervene in this case, it would set up a legal battle between red and blue states.
A group of 19 Republican attorneys general, led by Kansas's Kris Kobach, sued over a federal regulation adopted last year to allow an estimated 147,000 immigrants eligible for coverage through the Affordable Care Act's public marketplace. They assert that the ACA and a 1996 law prohibit U.S. government benefits from flowing to immigrants who are in the country illegally.
A federal judge in North Dakota ruled last month that the immigrants would not be allowed to obtain the coverage in the states that sued while the case moves forward. Members of the group in other states can now get coverage.
The “Dreamers” are part of a program that makes them a low priority for deportation. In his first term as president, Trump had varying stances on the program. He attempted to end it but was thwarted by the Supreme Court.
More recently, he has promised “the largest mass deportation program in history” when he takes office and and also said he would look for ways for Dreamers to stay in the U.S.
Last week, Biden's administration extended Temporary Protected Status to allow people from Venezuela, El Salvador, Ukraine and Sudan to remain in the U.S. legally for another 18 months.
