[FoxNews] A coalition of Republican states are suing the Biden administration to prevent it from making some illegal immigrants eligible for Obamacare, just days before the 2024 presidential election.
A rule published in May would allow illegal immigrants who came as children and are protected from deportation via the Deferred Action for Childhood Arrivals (DACA) program to be eligible for healthcare through the Affordable Care Act.
Currently, all illegal immigrants are prohibited from accessing the program. The administration said it predicts that the rule, which would go into effect in November, would result in over 100,000 uninsured illegal immigrants being allowed to access insurance.
Fifteen states, led by Kansas Attorney General Kris Kobach, claim that the regulation violates federal law that bars giving benefits to illegal immigrants and violates the Act itself.
The ACA, as passed by Congress, limits eligibility to citizens or nationals of the U.S. and those "lawfully present," the complaint says.
The attorneys general of Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia have all signed on to the lawsuit.
HHS did not respond to a request for comment.
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