Court sides with Kobach, stops Biden from giving Obamacare to illegal aliens

TOPEKA, Kan. – (Dec. 9, 2024) – A federal court today halted a Biden rule that would have provided taxpayer-subsidized health plans to illegal aliens. Kansas Attorney General Kris Kobach personally argued the request for a preliminary injunction in a Bismarck courtroom in October.

Today, the court sided with Kobach and the 19-state coalition he led on the case and stopped to proposed rule from going into effect.

“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 deferred action for childhood arrival (DACA) recipients eligible for Obamacare.

The number includes more than 4,350 DACA recipients in Kansas. Kobach argued that a 1996 law generally prohibits illegal aliens from receiving federal benefits, and the Affordable Care Act, or Obamacare, itself says that an alien has to be lawfully present in the United States to receive subsidized health insurance.

Kobach led a coalition of state attorneys general, including AGs from Alabama, Arkansas, Idaho, Indiana, Iowa, Florida, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Virginia.

Read the court decision Source