In a major legal battle just days before the 2024 presidential election, a coalition of 15 Republican states led by Kansas Attorney General Kris Kobach has filed a lawsuit against the Biden administration. The lawsuit aims to prevent the administration from allowing certain illegal immigrants, protected under the Deferred Action for Childhood Arrivals (DACA) program, to become eligible for healthcare coverage under the Affordable Care Act (ACA).

The controversy stemmed from a rule published by the Department of Health and Human Services (HHS) in May. The rule would expand Obamacare eligibility to include DACA recipients, who arrived in the United States as children and are shielded from deportation. Currently, all illegal immigrants are prohibited from accessing the ACA. If implemented, the rule, scheduled to go into effect in November, would extend healthcare coverage to over 100,000 uninsured illegal immigrants, according to the administration's estimates.

The Republican states argue that the HHS rule violates both federal law that prohibits granting benefits to illegal immigrants and the ACA itself. They maintain that the ACA, as passed by Congress, limits eligibility for healthcare coverage to citizens, nationals, and those "lawfully present." The attorneys general assert that including DACA recipients in the ACA's coverage would be a violation of these provisions.

Kansas Attorney General Kris Kobach, leading the charge, stated, "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. That's why I am leading a multistate lawsuit to stop this illegal regulation from going into effect."

The other states joining the lawsuit are Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia. Their collective effort seeks to halt the implementation of the HHS rule and demand compliance with existing federal laws.

The Biden administration, particularly President Biden and Vice President Harris, have been vocal proponents of granting a pathway to citizenship for DACA recipients and millions of other illegal immigrants. In response to the lawsuit, President Biden emphasized his support for the "Dreamers" and the need for them to have access to healthcare through the ACA. He called upon Congress to take action on comprehensive immigration reform that would grant permanent status and citizenship to these individuals.

Vice President Harris echoed President Biden's sentiments, emphasizing the temporary nature of DACA and the urgency for Congress to provide permanent protections for Dreamers.

The Department of Health and Human Services did not respond to requests for comment regarding the lawsuit. It remains to be seen how the judicial battle surrounding the eligibility of DACA recipients under the ACA will unfold in the coming weeks and months.