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.
Reprinted with Permission from Just the News – By Bethany Blankley
The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.
Just remember, when the additional load of adding 12 to 18 million illegals (will thousands more still streaming into the country each and every day) finally drains Medicaid via ObamaCare, the federal government will do what they did the last time Medicaid faced a major financial issue (the creation of ObamaCare itself, which upped the number of recipients to the program substantially): They will pull 10’s or 100’s of billions of dollars from Medicare and transfer it Medicaid to paper over the financial shortfall. That in turn just accelerates the depletion of the remaining Medicare funds for the program. Which is what the Democrats want, so they can revive their call for Medicare for All. Which is simply single payer by another name. Ask the folks with serious medical conditions in the U.K. and elsewhere how they enjoy waiting several weeks or months for urgently needed medical care being dispensed by a government bureaucrat. Plus, if you think taxes are high now, just wait for what you’ll be paying in taxes for so-called “free healthcare”.
My question is why only 15? There are 28 states with Republican attorneys general! WTH…get with the program already!
As for blue states; I just write them off…they’ll never buck the party.
Biden and Obama do NOT have the authority to just make or change laws via executive fiat (executive orders). If they wanted laws changed, they needed to go to Congress, which makes laws. Also, when government gives benefits to people, it’s NOT free when the taxpayers pay for it. Every time the government puts the word “free” in front of something (such as “free” healthcare, “free” tuition, “free” abortions), THYEY’RE LYING! The correct description is TAXPAYER FUNDED.
Another freebie from Biden Harris to waste our tax dollars on people who don’t belong here. Just another look at what’s going to happen if Kamala gets elected
This is illegal and a disgrace from Dems who are in essence commies. They want to divide and conquer.
The name Obama is synonymous with the evil practice of fraud, considering that he was not a natural-born American who in reality was not the President. This phony has no caring in his vile nature and to name this garbage as care is sad. Affordable Care Act, that’s rich considering it’s not affordable and there is no caring.
It’s about time. Only with ole Joe at the helm this will not change nor under kameltoe. They are reshaping America. That is what the left calls it. We call it replacing the white race with the invaders. The New World Order. Klaus Schwab and the elite have decided. They almost are there. We can stop it by voting TRUMP/VANCE in November 2024. Like Trump likes to say Kamala you are fired. Get out of here. Save our America before she is gone for always.
It never ceases to amaze me how the Progressives continually take advantage of the American Public forcing their will on us costing the American taxpayer trillions of $ and yet they get away with it and the American voters keep voting them back into power. Americans can be very stupid.
Only citizens should be getting any taxpayer funded goods and or benefits. If people want to donate money for non-citizens that is up to them. IMO
It is long past time that the O’Biden/Hariss Regime to be Sued, not just for this Obama Care issue but for the Open Border Crisis, the Economy, Gross Spending and Much More!!!! The Radicalized Far Left Demoncrat Socialist Party along with the Deep Dark State Must Be Stopped From Their Destructive Evil Agenda to Destroy America!!!!!
America, Wake Up, Wise Up and Rise Up!!!! We are in Very, Very Serious, Grave and Dire Danger “From Within” by the Washington, Dceivers, the Radicalized Far Left Demoncrat Socialist Party, Deep Dark State, George Soros and his Henchmen, the World Economic Forum, Central Bank, United Nations and elsewhere!!!! Call any and all National Elected Congress and Senate Representatives @ 855-827-2351. Tell them to start up holding their sworn Vow to Protect and Defend America, the Constitution and We The People of America!!!! Please Pray For Our True America and Vote!!!!!!
Why is Texas not joining this law suit?
Just another UNCONSTITUTIONAL action by the Biden “administration.” By now, there are so many it is hard to keep track of all of them. Repeatedly “cancelling” student loans without authority to do so. Allowing unlimited ILLEGAL immigration. Illegally trying to imprison Donald Trump. Having their FBI goons do SWAT raids on people for praying at abortion mills and on and on!!
You can enroll any amount in anything, but if there is only room for so many the rest is hooped That includes citizens bread and born on this soil. Just try to find a truly good doctor. Good luck If this does not demonstrate the complete imbecility than there is no hope that a voter is going to wake up soon.
DEMOCRAT VOTERS ARE THE MOST UNINFORMED IDIOTS BECAUSE DEMORAT POLITICIANS KEEP THEM THAT WAY/NOBODY BUT NOBODY WELL INFORMED WOULD EVER VOTE FOR THEIR USA DESTROYING WAYS
dems buying more votes with ur tax dollars nothing new
Another demented policy by Biden-Harris that further punishes American citizens while illegals get treated better than those who are here legally. Biden and Harris act like they’re emperors of the world instead of the chief executives of the USA. They are both dangerous and incompetent, They are frauds who refuse to do the job that they are supposed to do.
Our Own citizens can’t get healthcare but they give it to illegals. What good are they for working Americans and legal citizens? What a travesty.
They couldn’t screw things up more if they tried!… or maybe they are?
Maybe it’s time for a real insurrection?
does it really matter? He will; not listen to the SC anyway. They simply do as they please regardless of the court.
I just knew Illinois would not be one of the states.
Cloward & Piven = Biden & Harris.
DACA was unconstitutional, and “Chevron” knocks the crap out of agencies changing rules that change laws. SCOTUS should kick the crap out of this.
Congress refused to approve DACA, so B. Obama issued a unconstitutional executive order creating that multi-billion dollar per year program. It seems like Barack Obama, Joe Biden, and Kamala Harris—if elected—have no conscience when it comes to abusing their authority.
If elected, Harris will certainly attempt to implement “universal healthcare” (aka the end of MEDICARE and “free” health care for everyone, illegally here or not). We could expect her to nominate for Attorney General someone like Merrick Garland, who refuses to enforce whatever laws Joe Biden doesn’t want enforced.
Every person who enters the country outside prescribed methods is committing a crime, is an invader (illegal) and is not entitled to any “citizen” or “resident” benefits. They are criminals by just that fact, let alone that many have criminal records here and in their own countries. It’s time for Judges to do their job: uphold the law and invalidate corrupt “legislation” by non-legislators, including themselves. Unilateral deportation at the origin country’s expense should be the fix; and the money to effect this taken from that country’s US aid. Then those countries might just wake up and stop dumping their “undesirables” on the US.
I feEl that illegal immigrants should NOT be entitled to anything here in the US. I agree with the 14 states who are going to sue the Biden/Harris administration. I, only, wish that Maine is one of them.
To degenerate politicians like Biden and Harris, only one thing matters even less than breaking laws to buy votes and other such crimes… and that one thing is their absolute absence of loyalty to American citizens.
Only 15? Voters in the rest of the red states need to contact their Attorneys General and let them know how responsible people feel about this. Unfortunately, those of us living in blue states won’t be heard.
Thanks Red States Go
It’s about time that someone is finally looking out for the hard working tax paying CITIZENS of this country!! And it’s only going to get worse with all the new ILLEGALS that Harris and Biden have invited into this country so we can support them.
Just another illegal action by Biden. He and the Democrats have no regard for the Constitution or the law when they stand in the way of their leftist agenda.
The Democrat Party should have to pay for it.
The dems are idiots with zilch in common sense. Ya wonder why we have inflation and enormous debt!? Could you at least treat our own people and veterans with a bit of how you treat the illegals. Good G-d, we have homeless vets, but not illegals!
The current administration has really put us in a bind, by not closing open borders. We can’t have them walking around with communicable diseases (if they are), but we cannot afford not to strictly limit their care either. Open checkbooks became overdrawn too quickly.
The people who understand what is going on in our country need to be recruiting people who will vote for Republicans…not only for the presidency but for Congress as well. If we have another four years of this Marxism, our Democratic Republic will not survive!! They will cheat (and try to assassinate) any one who stands in their way.
Why are folks on this forum surprised?? And remember, THEY ARE ALL AUTO REGISTERED TO VOTE BY APPLYING FOR A DRIVER’S LICENSE!!
But, but (illegal) immigrants bring value to the US. Right?
Of course, Kentucky is not there. All the surrounding states are a part of this lawsuit. Leave it to Beshears to decide not to join.
SAD. Nothing will happen to them. Democrat politicians are the worse? Why do people keep voting them in?
Is it possible for Georgia to do anything good? I live in Ga, but I’m not proud of ti.
Just one more way to steal money from the United States citizenry and these Obama lead Democrat crooks have been illegally doing this for years.
The democrat’s failed leadership and disasterous policies are crushing the American people..Vote Red right down the ballot in November.
If Kamala wins the election, the border is going to remain open during her term. That alone is the best reason to vote for Donald Trump. The man thinks American Tax payers should be taking care of Americans. Democrats think there is some kind of money tree in D.C. to fund every stupid idea they have. Kamala and Tampon Tim are perfect examples of the thinking that goes on in the Democratic party. How they could honestly win an election would be impossible.
Scumbags!! And they have the gall to call President Trump a dictator. I want to live long enough to see these thugs tried and prosecuted for their crimes.
This makes me sick. I am so tired of our government letting all these illegals in here and then giving them free stuff just so they can ruin our country and take control.
This is one very good reason NOT to vote for Harris/Walz. They want to give non citizens free health care while the rest of us law abiding citizens have to pay for our health care. Even seniors like myself who have pretty good retiree health benefits still have to pay a deductible in order to see a doctor. Folks, this is a fast walk to socialism AND getting the non citizens to vote democratic. Do not be fooled by the smoke and mirrors.
Send illegals home!!!!
I mean I’m not proud of it.
Since DACA people are victims, maybe they should be given a path to citizenship, not automatic. Altogether, they have had probably hundreds of thousands children who automatically became citizens. By the way, birthright citizenship should be abolished. I believe it was instituted for freed slaves and their children, not for illegal migrants. Many DACA people have been here a lifetime, have assimilated, and pay taxes and contribute to society.
I have some mixed feelings about Daca or recipients especially if their children. I think if they were brought here very young and they grow up here and they go to school here it’s too late to send them back somewhere else. If they go to school here and speak English and have friends here then basically they’re growing up as American citizens so in that regard come how they need to be made or considered some kind of citizen until at some point they have their parents do what they have to do to have full citizenship status status