A coalition of attorneys general from the Republican party has initiated legal action to prevent the Biden-Harris administration from providing health care at no cost to undocumented immigrants. They argue against the administration’s efforts to allow recipients of DACA (Deferred Action for Childhood Arrivals) to benefit from Obamacare, challenging their eligibility due to not being U.S. citizens. Leading the charge is Kris Kobach, the Attorney General of Kansas, who accuses the administration of unlawfully categorizing DACA recipients as “lawfully present” to qualify them for this health care coverage.
DACA shields from deportation those undocumented immigrants who entered the U.S. as minors. Kobach criticizes the interpretation of DACA recipients as being lawfully present as unfounded, highlighting that the very nature of DACA eligibility requires illegal entry into the U.S. He points out, in a Wall Street Journal opinion piece, that the 2012 directive establishing DACA explicitly states it does not grant any substantive legal status or pave the way toward citizenship—privileges only Congress can bestow. Kobach further mentions that at least two federal courts have deemed DACA itself illegal.
He warns of the repercussions of the Biden-Harris administration’s policy on border crises, predicting that the incentive of health care subsidized by taxpayers could encourage a higher influx of undocumented immigrants. The notion of rewarding illegal actions only leading to an increase in such acts is a sentiment Kobach stresses.
At the time of reporting, there has been no comment from the White House in response to inquiries from Fox News Digital on the matter.
In addition to this lawsuit, Kobach had previously taken legal action against the administration’s proposal to forgive student loans, a move President Biden has been exploring as a means to alleviate student debt without definitive success. The administration’s Saving on a Valuable Education (SAVE) plan aimed to benefit millions by reducing their federal student loan payments and offering a forgiveness trajectory. Despite intentions for reduced payments to start on July 1 for nearly eight million enrolled borrowers, the plan faces significant legal challenges.
