by Bethany Blankley
Another federal court has ruled against the federal program, Deferred Action for Childhood Arrivals (DACA), arguing a Biden administration plan to provide free health care to DACA recipients is illegal.
It’s the fourth time a federal judge has recently ruled against a program created by former President Barack Obama through executive order in 2012.
DACA shielded children from deportation who were brought into the country illegally by their parents. The program has been in litigation for 12 years. A federal judge has twice ruled that 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 that case.
Under the Biden administration, the Centers for Medicare and Medicaid Services issued a rule authorizing CMS to provide free health care through the taxpayer-funded Affordable Care Act, otherwise known as Obamacare, to DACA recipients. Federal law generally prohibits illegal foreign nationals from receiving federal benefits. The ACA explicitly states “that an alien has to be lawfully present in the United States to receive subsidized health insurance.”
The CMS rule redefined the legal term for lawfully present to include DACA recipients, prompting 15 states to sue in August, led by Kansas Attorney General Kris Kobach.
Kobach filed the lawsuit in U.S. District Court for the District of North Dakota Western Division. He was initially joined by 14 attorneys general, which later expanded to 19.
In October, he made his case before the court, arguing, “Illegal aliens shouldn’t get a free pass into our country. They shouldn’t receive taxpayer benefits when they arrive, and the Biden-Harris administration shouldn’t get a free pass to violate federal law.”
On Monday, Judge Daniel Traynor agreed, granting the coalition’s request for a preliminary injunction.
In his 18-page ruling, he said the coalition had “shown likelihood of success on the merits because CMS acted contrary to law. Plaintiffs are likely to suffer irreparable harm from the expenses associated with carrying out the” the rule.
“As it currently stands, the ACA does not allow federal healthcare subsidies or coverage for aliens who are unlawfully present in the United States,” he pointed out. He also reiterated what the Fifth Circuit has maintained: “it is for Congress to determine who qualifies for lawful presence status, not agencies.”
In this case, Congress stipulated in federal law “that non-qualified aliens are prohibited from receiving any federal public benefit,” he said. CMS’s action circumvented congressional authority, Traynor said. “CMS only has authority to determine if aliens fit into one of those established categories, not create a new one.”
In response, Kobach said, “This decision is a big win for the rule of law. Congress never intended that illegal aliens should receive Obamacare benefits. Indeed, two laws prohibit them from receiving such benefits. The Biden administration tried to break those laws. But we fought back and defeated the Biden Justice Department.”
The regulation would have made more than 200,000 DACA recipients eligible for ACA coverage at the taxpayers’ expense.
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. Last month, a federal judge struck down Biden’s amnesty plan, squashing his attempt to expand DACA provisions, 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.
Attorneys general in the coalition represent the states of Alabama, Arkansas, Idaho, Indiana, Iowa, Florida, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Virginia.
With weeks left in the administration, CMS is unlikely to appeal the case.
– – –
Bethany Blankley is a contributor to The Center Square.
Photo “DACA Supporters” by Josh Levinger.CC BY-NC-SA 2.0.
