Reflecting the widespread discontent with overreach from the Biden administration, fifteen states have taken a stand against a recent decision by the Centers for Medicare & Medicaid Services (CMS) to extend Affordable Care Act (ACA) health coverage to individuals under the Deferred Action for Childhood Arrivals (DACA). This lawsuit, initiated on August 8th in North Dakota’s federal court, is not just about policy—it’s a critical counter to an administration that seems bent on ignoring legal boundaries for political gain.
Led by Kansas Attorney General Kris Kobach, these states are pushing back against a May ruling by CMS that irresponsibly broadens the definition of “lawfully present” to include DACA recipients. This move by CMS blatantly sidesteps established federal laws which clearly outline who is eligible for public benefits. According to Kobach, “Illegal aliens shouldn’t get a free pass into our country, nor should they receive taxpayer-funded benefits upon arrival. Moreover, the Biden-Harris administration must not be allowed to flout federal law with impunity.”
The crux of the states’ argument lies in a direct violation of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which stipulates that federal public benefits are reserved for certain categories of “qualified aliens.” DACA recipients, not falling within these categories, are, by the very nature of their status, unlawfully present—making them ineligible for federally subsidized health insurance through the ACA.
This lawsuit isn’t merely a legal challenge; it’s a stand against a policy that incentivizes illegal immigration by offering benefits as a lure, effectively encouraging DACA recipients to remain in the U.S. unlawfully. Such policies not only undermine the rule of law but also place undue financial strain on states.
The broader implications of CMS’s rule are grave. By making it easier for unlawfully present individuals to access benefits like health insurance, the Biden administration is not just straining state resources—it’s also inviting a longer-term demographic shift that could alter the socio-economic landscape in unpredictable ways.
In this critical moment, these states are doing more than challenging a policy—they are defending the integrity of our nation’s laws and the proper balance of federal and state powers. It’s a reminder that policy should be made within the bounds of the law, not through executive fiat that caters to political agendas at the expense of American taxpayers.
