Staff Reports
The Affordable Care Act, commonly known as Obamacare, has long been a point of contention in American politics. Now, it seems it has managed to raise the stakes even higher with a recent government rule change that has prompted a hefty lawsuit against the Biden administration. This change could enable illegal immigrants to access free health care, creating a perfect storm for a legal showdown that many conservatives have been waiting for.
A coalition of 15 states has banded together under the leadership of Kansas Attorney General Kris Kobach to take legal action against the federal government. Their target? A rule change by the Centers for Medicare and Medicaid Services (CMS) that allows Deferred Action for Childhood Arrivals (DACA) recipients, who by their very definition are unlawfully present, to qualify for taxpayer-funded health coverage under the ACA. It’s not just a local issue; this lawsuit could have ramifications for millions of taxpayers who would find their money being used to fund health care for those who shouldn’t be eligible in the first place.
AFL, Texas, Idaho, and a Coalition of 14 State Attorneys General File Urgent Lawsuit and Request for Emergency Relief to Block New Biden-Harris Executive Amnesty to Provide Pathway to Citizenship to Over 1 Million Illegal Aliens in the U.S. pic.twitter.com/EXyEANhyOm
— dzielny pies (@argus03) August 23, 2024
In a twist of bureaucratic gymnastics, the CMS has altered the definition of “lawfully present” to include those who have received DACA status. This blanket inclusion of DACA recipients is a stretch that ignores the original intent of the ACA, which explicitly limited eligibility to U.S. citizens and those legally residing within its borders. The Assembled Attorneys General argue this change blatantly violates the Administrative Procedures Act—a federal law meant to prevent taxpayer dollars from supporting illegal immigrants.
Should the CMS rule take effect as planned on November 1st, more than 200,000 DACA recipients could end up on taxpayer-subsidized health plans overnight. This certainly raises eyebrows and questions about fiscal responsibility. In a time when many citizens are struggling with their own health care costs, the notion of subsidizing non-citizens’ health plans has some conservatives wondering just how far the government is willing to stretch its resources.
The coalition of AGs is asking the court to halt the implementation of this reckless rule before it takes effect, aiming not just for a postponement but for a complete reversal of the decision. If the federal government finds itself on the losing end of this lawsuit, it could serve as a loud wake-up call about the consequences of it’s policies and a reminder that conservative states are not going to sit back and accept policies that upend the rule of law and put taxpayers on the hook for health care, not just for Americans, but for those who are in the country illegally.
