Bismarck, ND– Kansas Attorney General Kris Kobach Tuesday asked the U.S. District Court in North Dakota to temporarily stop the Biden-Harris administration from implementing a regulation that would give Obamacare to illegal aliens, according to a media release from the Attorney General’s office.
The regulation, set to take effect on Nov. 1, would make more than 200,000 deferred action for childhood arrival (DACA) recipients eligible for taxpayer-subsidized health plans, including 4,350 DACA recipients in Kansas.
“Congress made it clear on two separate occasions that illegal aliens cannot receive Obamacare. First, a 1996 law makes clear that illegal aliens are generally prohibited from receiving federal benefits. Second, in the affordable care act itself, an alien has to be lawfully present in the United States to receive the subsidized health insurance,” Kobach said. “The Biden administration does not have a good response. I have argued immigration issues in many different cases, and I feel particularly good about the states’ chances in this one.
”North Dakota Attorney General Drew Wrigley and South Dakota Attorney General Marty Jackley also appeared in court. Kobach served as lead counsel.“Washington has failed to secure our southern border, and the cost of DACA is not the right solution for the states,” Jackley said. “DACA’s subsidized health insurance for illegal immigrants would be at the cost of struggling working citizens.”
Attorneys general from 15 states joined the lawsuit. In addition to Kobach, Wrigley and Jackley, attorneys general from Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, Tennessee, and Virginia joined the lawsuit.Read latest filings in the case here.