It’s about time someone called out the Biden administration’s sneaky little maneuver to funnel Obamacare subsidies to illegal immigrants. It’s almost like they thought no one would notice—spoiler alert, we did! The administration’s plan to redefine “lawfully present” to include Deferred Action for Childhood Arrivals (DACA) recipients, essentially making them eligible for subsidies, just got hit with a well-deserved lawsuit. Thank goodness for Republican attorneys general who care about upholding the law.
Kansas Attorney General Kris Kobach, leading a group of Republican AGs, filed a lawsuit in federal court in North Dakota to strike down this underhanded rule change. Let’s be honest: calling DACA recipients “lawfully present” is just a creative way to sidestep actual laws. The welfare reform law of 1996 clearly states that non-qualified aliens aren’t eligible for taxpayer-funded benefits. DACA recipients don’t fit the “qualified aliens” definition, so the law prohibits them from getting benefits, no matter how the administration tries to twist the words of Obamacare.
This lawsuit highlights the contradictions within the Biden administration’s legal gymnastics. The Centers for Medicare and Medicaid Services (CMS) decided that DACA recipients are “lawfully present,” which is laughable because their unlawful presence in the country defines this same group. If that’s not a head-scratcher, I don’t know what is. This is nothing short of a self-contradiction, and the courts should see right through it.
And it’s not just conservative states saying this is illegal. A 2019 ruling by the 11th Circuit Court of Appeals explicitly stated that DACA doesn’t make participants lawfully present, and the 5th Circuit Court of Appeals has questioned the legality of DACA itself. Yet here we are, with the Biden administration pushing forward with a policy that directly violates federal law without even bothering to reconcile these glaring contradictions or consider the cost to states.
When Biden’s team first floated this rule in the spring, they made DACA recipients eligible for Obamacare subsidies but conveniently left out Medicaid expansion. Why? Because they knew Medicaid would involve state funds, which would give states the grounds to challenge the rule. So, instead of being upfront, the administration dodged responsibility by making the feds pick up the tab for the subsidies. That’s right—Biden and his cronies are trying to sidestep legal challenges by sticking the federal government with the bill, leaving the states out of the picture.
But the states aren’t backing down so quickly. The lawsuit brings up a solid point: by making DACA recipients eligible for these subsidies, the Biden administration is indirectly encouraging more illegal immigration, which has already created a financial burden on states. Sure, it’s tough to directly link this one policy change to an increase in migration, but the logic isn’t complex to follow. Even Hillary Clinton once admitted that providing benefits encourages illegal migration—though I doubt we’ll hear her admit that today.
Idaho and Virginia, which run their own Obamacare Exchanges, are particularly affected. Expanding eligibility to DACA recipients means these states must process more applications, leading to higher administrative costs. The CMS claims this won’t result in additional expenses. Still, anyone with half a brain can see that more applicants equal more work and, therefore, more costs. Idaho and Virginia have every right to challenge this rule in court.
Now, let’s not forget who’s cheering on this lawlessness—none other than Kamala Harris, the presumptive Democrat nominee for president. Harris has been a longtime supporter of providing taxpayer-funded health coverage to illegal immigrants. Sure, she’s backpedaled on her love for single-payer healthcare. Still, she hasn’t budged on her stance that illegal immigrants should get these benefits. If the Washington press corps ever decides to do their job and ask tough questions, maybe they should press her on why she supports a policy that encourages illegal migration and potentially violates federal law.
In the meantime, here’s hoping the courts do their job and strike down this absurd rule. If Biden wants to rewrite immigration law, he should try doing it legally—through Congress, not through backdoor regulatory changes. But I guess that would require respecting the rule of law, something this administration seems to have forgotten.