A coalition of states led by Kansas has filed a lawsuit against the Biden-Harris administration, aiming to block a new federal rule that extends Affordable Care Act (ACA) coverage to Deferred Action for Childhood Arrivals (DACA) recipients and other non-citizens.
Kansas Attorney General Kris Kobach filed the lawsuit in the U.S. District Court for the District of North Dakota’s Western Division, including attorneys general participation in 14 additional states.
The lawsuit challenges a recent Centers for Medicare and Medicaid Services (CMS) rule change titled “Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other NonCitizens for a Qualified Health Plan Through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, a Basic Health Program.” This rule redefines “lawfully present” to include DACA recipients, allowing them to access ACA health plans funded by taxpayers.
According to the complaint, the ACA was initially designed to offer benefits only to U.S. citizens, nationals, or aliens lawfully present. The plaintiffs argue that including DACA recipients, who are unlawfully present by definition, violates both the Administrative Procedures Act and the ACA. The lawsuit asserts that DACA recipients should not be eligible for taxpayer-funded health care, as they were excluded under the original congressional eligibility limits.
DACA, introduced by former President Obama through executive action in 2012, has been subject to legal scrutiny over the years. A federal judge has ruled against DACA twice, and the U.S. Supreme Court is expected to determine the program’s legality. There are currently between 700,000 and 800,000 DACA recipients in the U.S., with the Los Angeles Times reporting 578,680 on record as of March 2023.
In June, President Biden expanded protections for DACA recipients and streamlined the process for obtaining temporary visas. Supporters of DACA argue that recipients contribute positively to the U.S. economy and society, while critics express concerns about individuals with criminal records remaining in the country.
Kobach condemned the new rule, stating, “Illegal aliens shouldn’t get a free pass into our country. They shouldn’t receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn’t get a free pass to violate federal law. That’s why I am leading a multistate lawsuit to stop this illegal regulation from going into effect.”
If the CMS rule is implemented on November 1, over 200,000 DACA recipients will become eligible for taxpayer-subsidized health plans nationwide. The lawsuit seeks to delay the rule’s effective date, annul it, and prevent its enforcement. Additionally, it requests that the court cover the plaintiffs’ legal costs.
The attorneys general from the following states are joining Kobach in the lawsuit: Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.
