Attorney General Jason Miyares has joined a 15-state coalition in filing a lawsuit aimed at halting the Biden-Harris administration's effort to extend ObamaCare benefits to illegal immigrants. The rule, scheduled to take effect on November 1, would render over 200,000 Deferred Action for Childhood Arrivals (DACA) recipients eligible for taxpayer-funded health plans, including 7,810 in Virginia.
The lawsuit argues that the proposed rule conflicts with provisions in the Affordable Care Act and the Personal Responsibility and Work Opportunity Reconciliation Act. These laws stipulate that only U.S. citizens and individuals lawfully present in the country are eligible for subsidized health exchanges. As DACA recipients are not considered "lawfully present" under these regulations, they are deemed ineligible for public benefits.
In addition to Attorney General Miyares of Virginia and Attorney General Kobach of Kansas, attorneys general from Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, and Tennessee have also joined the lawsuit.