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North Dakota joins suit to block taxpayer-funded health care for protected immigrants

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North Dakota joins suit to block taxpayer-funded health care for protected immigrants


BISMARCK — North Dakota has joined a lawsuit to block 200,000 immigrants who came to the U.S. illegally as children under an Obama administration program from accessing taxpayer-funded health care.

North Dakota Attorney General

Drew Wrigley

signed on to the lawsuit led by Kansas Attorney General Kris Kobach. The case, filed Aug. 8 in North Dakota U.S. District Court, will be decided by federal Judge Daniel Traynor, who is seated in Bismarck.

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North Dakota Attorney General Drew Wrigley meets with area reporters at The Forum on March 4, 2024.

Chris Flynn / The Forum

Along with North Dakota and Kansas, 13 other Republican-led states have signed the complaint against the U.S. and Centers for Medicare and Medicaid Services.

The administrative procedure lawsuit seeks to reverse a Biden administration rule that would expand access to health care to recipients of Deferred Action for Childhood Arrivals, also known as DACA. In 2012, then-President Barack Obama signed an executive order that protected children brought to the U.S. illegally from deportation.

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President Joe Biden announced in May that his administration would expand health care to DACA beneficiaries, also called “Dreamers.” It classifies those who are “lawfully present” in the U.S. as eligible for health care coverage under the Affordable Care Act.

“I’m proud of the contributions of Dreamers to our country and committed to providing Dreamers the support they need to succeed,” Biden said in a statement. “That’s why I’ve previously directed the Department of Homeland Security to take all appropriate actions to ‘preserve and fortify’ DACA. And that’s why today we are taking this historic step to ensure that DACA recipients have the same access to health care through the Affordable Care Act as their neighbors.”

The Affordable Care Act, also called Obamacare, was a 2010 law that made affordable health care coverage more available to uninsured U.S. citizens. It also required citizens to obtain health insurance.

The lawsuit claims those protected by DACA do not qualify for taxpayer-funded health care because, “by definition,” they are unlawfully present in the U.S. There are 530,110 such immigrants in the U.S., and the final rule would allow up to 200,000 to be eligible for “a subsidized health plan,” the lawsuit said.

“For over a decade, Obama’s DACA executive order has been defended in court on the basis that is was not changing anyone’s legal status, it was merely exercising prosecutorial discretion not to deport certain aliens,” Wrigley said. “Now, the federal government turns around and says DACA does change aliens’ legal status by making them ‘lawfully present’ for government subsidized healthcare. The lawlessness and hypocrisy of that move is breathtaking.”

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Expanding government-supported health care to DACA beneficiaries would place administrative, financial and resource burdens on states, the lawsuit said. The rule also could encourage more immigrants to come to the U.S. illegally with the hope that their children would qualify for health care under DACA, the lawsuit claimed.

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“It is likely that aliens who would otherwise have returned to their countries of origin will instead remain in the United States because of the eligibility for ACA coverage provided by the Final Rule,” the lawsuit said, referring to the Affordable Care Act.

North Dakota has 160 immigrants protected by DACA, the lawsuit said. Court documents estimated that 6,000 to 9,000 immigrants live in North Dakota illegally and cost taxpayers between $27 million and $36 million a year.

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“Illegal aliens shouldn’t get a free pass into our country,” Kobach said in a statement. “They shouldn’t receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn’t get a free pass to violate federal law.”

Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, South Dakota, Tennessee and Virginia have also joined the lawsuit.

April Baumgarten

April Baumgarten has been a journalist in North Dakota since 2011. She joined The Forum in February 2019 as an investigative reporter. Readers can reach her at 701-241-5417 or abaumgarten@forumcomm.com.





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North Dakota

National monument proposed for North Dakota Badlands, with tribes’ support

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National monument proposed for North Dakota Badlands, with tribes’ support


A coalition of conservation groups and Native American tribal citizens on Friday called on President Joe Biden to designate nearly 140,000 acres of rugged, scenic Badlands as North Dakota’s first national monument, a proposal several tribal nations say would preserve the area’s indigenous and cultural heritage.

The proposed Maah Daah Hey National Monument would encompass 11 noncontiguous, newly designated units totaling 139,729 acres (56,546 hectares) in the Little Missouri National Grassland. The proposed units would hug the popular recreation trail of the same name and neighbor Theodore Roosevelt National Park, named for the 26th president who ranched and roamed in the Badlands as a young man in the 1880s.

“When you tell the story of landscape, you have to tell the story of people,” said Michael Barthelemy, an enrolled member of the Mandan, Hidatsa and Arikara Nation and director of Native American studies at Nueta Hidatsa Sahnish College. “You have to tell the story of the people that first inhabited those places and the symbiotic relationship between the people and the landscape, how the people worked to shape the land and how the land worked to shape the people.”

The U.S. Forest Service would manage the proposed monument. The National Park Service oversees many national monuments, which are similar to national parks and usually designated by the president to protect the landscape’s features.

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Supporters have traveled twice to Washington to meet with White House, Interior Department, Forest Service and Department of Agriculture officials. But the effort faces an uphill battle with less than two months remaining in Biden’s term and potential headwinds in President-elect Donald Trump’s incoming administration.

If unsuccessful, the group would turn to the Trump administration “because we believe this is a good idea regardless of who’s president,” Dakota Resource Council Executive Director Scott Skokos said.

Dozens if not hundreds of oil and natural gas wells dot the landscape where the proposed monument would span, according to the supporters’ map. But the proposed units have no oil and gas leases, private inholdings or surface occupancy, and no grazing leases would be removed, said North Dakota Wildlife Federation Executive Director John Bradley.

The proposal is supported by the MHA Nation, the Spirit Lake Tribe and the Standing Rock Sioux Tribe through council resolutions.

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If created, the monument would help tribal citizens stay connected to their identity, said Democratic state Rep. Lisa Finley-DeVille, an MHA Nation enrolled member.

North Dakota Gov. Doug Burgum is Trump’s pick to lead the Interior Department, which oversees the National Park Service. In a written statement, Burgum said: “North Dakota is proof that we can protect our precious parks, cultural heritage and natural resources AND responsibly develop our vast energy resources.”

North Dakota Sen. John Hoeven’s office said Friday was the first they had heard of the proposal, “but any effort that would make it harder for ranchers to operate and that could restrict multiple use, including energy development, is going to raise concerns with Senator Hoeven.”



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Two people hospitalized following domestic assault and shooting in Fargo, suspect dead

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Two people hospitalized following domestic assault and shooting in Fargo, suspect dead


FARGO — Two people were injured in a separate domestic aggravated assault and shooting Saturday, Nov. 23, and the suspect is dead from what appeared to be a self-inflicted gunshot wound, the Fargo Police Department said.

Fargo police were dispatched at 2:19 a.m. to a report of a domestic aggravated assault and shooting in the 5500 block of 36th Avenue South, a police department news release said.

When officers arrived, they learned the suspect had committed aggravated assault on a victim, chased that person into an occupied neighboring townhouse and fired shots into the unit.

Another person inside the townhouse was struck by gunfire, police said. Both victims were taken to a local hospital for treatment of non-life threatening injuries.

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Officers found the suspect’s vehicle parked in the 800 block of 34th Street North by using a FLOCK camera system to identify a possible route of travel from the crime scene, the release said.

Police also used Red River Valley SWAT’s armored Bearcat vehicle to get close to the suspect’s vehicle to make contact with the driver, who was not responding to officers’ verbal commands to come out of the vehicle.

The regional drone team flew a drone to get a closer look inside the suspect’s vehicle. Officers found the suspect was dead from what appeared to be a self-inflicted gunshot wound, the release said.

This investigation is still active and ongoing. No names were released by police on Saturday morning.

Anyone with information about this incident is asked to call Red River Regional Dispatch at 701-451-7660 and request to speak with a shift commander. Anonymous tips can be submitted by texting keyword FARGOPD and the tip to 847411.

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Illinois State Gets 1st Win Over North Dakota, 35-13

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Illinois State Gets 1st Win Over North Dakota, 35-13


 

(AP) — Wenkers Wright ran for 118 yards and two touchdowns and No. 13 Illinois State knocked off North Dakota for the first time, 35-13 in the regular season finale for both teams Saturday.

The Redbirds are 9-2 (6-2 Missouri Valley Conference) and are looking to reach the FCS playoffs for the first time since 2019 and sixth time in Brock Spack’s 16 seasons as head coach.

Illinois State opened the game with some trickery. Eddie Kasper pulled up on a fleaflicker and launched a 30-yard touchdown pass to Xavier Loyd to cap a seven-play, 70-yard opening drive.

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Simon Romfo tied it on North Dakota’s only touchdown of the day, throwing 20 yards to Nate DeMontagnac.

Wright scored from the 10 to make it 14-7 after a quarter, and after C.J. Elrichs kicked a 20-yard field goal midway through the second to make it 14-10 at intermission, Wright powered in from the 18 and Mitch Bartol caught a five-yard touchdown pass from Tommy Rittenhouse to make it 28-10 after three.

Seth Glatz added a 13-yard touchdown run to make it 35-10 before Elrichs added a 37-yard field goal to get the Fighting Hawks on the board to set the final margin.

Rittenhouse finished 21 of 33 passing for 187 yards for Illinois State. Loyd caught eight passes for 121 yards.

Romfo completed 11 of 26 passes for 135 yards and a touchdown with an interception for North Dakota (5-7, 2-6).

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Illinois State faced North Dakota for just the fourth time and third time as Missouri Valley Conference opponents. The Redbirds lost the previous three meetings.



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