• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Digital News Updates
  • Home
  • News
  • Politics
  • Business

15 states sue Biden-Harris administration for enrolling noncitizens in Obamacare

August 25, 2024

(The Center Square) – A coalition of states led by Kansas has sued the Biden-Harris administration to block the federal government from providing free health care through the taxpayer-funded Affordable Care Act, otherwise known as Obamacare, to foreign nationals in the U.S. illegally.

Kansas Attorney General Kris Kobach filed the lawsuit in U.S. District Court for the District of North Dakota Western Division and was joined by attorneys general from 14 states. The U.S. government and the Centers for Medicare and Medicaid Services are named as defendants.

At issue is a CMS final rule change called, “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.” In it, CMS redefines the legal term of “lawfully present” to include DACA recipients.

When Congress enacted the ACA, it limited eligibility only to “citizen[s] or national[s] of the United States [and] aliens lawfully present in the United States.” By changing the definition of “lawfully present” to include DACA recipients, CMS is enabling them to have access to taxpayer-funded ACA coverage. Doing so violates the Administrative Procedures Act, federal law that prohibits taxpayer-funded benefits from being given to illegal foreign nationals, and the Affordable Care Act, the complaint states.

Congress has already limited eligibility coverage, which excludes DACA recipients. Additionally, “DACA recipients are, by definition, unlawfully present in the United States,” the complaint states. “Indeed, eligibility for DACA requires unlawful presence in the United States.”

Former President Barack Obama created DACA through executive order in 2012. It shielded children from deportation who were brought into the country illegally by their parents and has been in litigation for 12 years. A federal judge has twice ruled DACA is illegal. The most recent ruling was in a multi-state lawsuit led by Texas to end DACA once and for all, The Center Square reported. The U.S. Supreme Court is ultimately expected to decide the case.

Numerous reports suggest between 700,000 and 800,000 DACA recipients live in the U.S. The Los Angeles Times reports there are 578,680 on record with the U.S. Citizenship and Immigration Services as of March 2023.

In June, President Joe Biden announced he was expanding deportation protections for DACA recipients and streamlining request waivers to make it easier for them to obtain temporary visas, The Center Square reported. DACA supporters argue recipients should be granted citizenship, claiming they contribute to the U.S. economy and are constructive members of society.

Others argue those with criminal records, at a minimum, should be deported. Within the first five years of the program, nearly 80,000 DACA recipients were released into the U.S. with arrest records, The Center Square reported.

“Illegal aliens shouldn’t get a free pass into our country,” Kobach said. “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 final rule takes effect Nov. 1, more than 200,000 DACA recipients would automatically become eligible for taxpayer-subsidized health plans nationwide.

The lawsuit cites data from the Migration Policy Institute, Pew Research Center and others to estimate how many illegal foreign nationals are estimated to receive public benefits and the associated costs to taxpayers in each of the plaintiff states.

The lawsuit asks the court to postpone the effective date of the rule, vacate it, enjoin the defendants from implementing it and award plaintiff attorneys the costs of their fees.

Joining Kobach are the attorneys general representing Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.

By Bethany Blankley | The Center Square contributor

Filed Under: Featured, Home Featured, News

Related Articles:

  • Gianforte Continues 56 County Tour
  • Sheehy Fulfills Campaign Promise With Blind Trust
  • Zinke Votes to Pass “Big Beautiful Bill”
  • Poll: College not preparing students for workforce, managers avoid hiring them
  • Buckskin Mine Honored with 2025 DEQ Excellence in Mining Reclamation Award
  • In just a few months, ICE makes 1,000+ worksite enforcement actions

Primary Sidebar

Digital News Updates Logo

Recent News Posts

  • Gianforte Continues 56 County Tour
  • Law enforcement agencies in 40 states are partnering with ICE 287(g) program
  • Gallatin College MSU’s online courses expand to meet nontraditional student needs
  • UM Video Game Team Scores National Championship

Recent Politics Posts

  • Sheehy Fulfills Campaign Promise With Blind Trust
  • Watchdogs: New Montana law restricting foreign money in elections insufficient
  • Knudsen Urges Gallatin County to Support ICE Partnership
  • Zinke Introduces Bipartisan Bill to Modernize Foreign Military Sales Notification Process

Recent Business Posts

  • Poll: College not preparing students for workforce, managers avoid hiring them
  • Bridger Aerospace Lands Record-Breaking Wildfire Contracts for Super Scooper Aircraft
  • Daktronics to Participate in Craig-Hallum’s 22nd Annual Institutional Investor Conference
  • Microsoft Marks 50th Anniversary

Copyright © 2025 Digital News Updates, All Rights Reserved.