Kansas v. United States of America and the Centers for Medicare & Medicaid Services

TOPEKA – (August 8, 2024) –Kansas Attorney General Kris Kobach today filed a lawsuit in federal court to stop the Biden-Harris administration from giving Obamacare to illegal aliens. Kobach is joined in the lawsuit by attorneys general from 18 other states. 

"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," Kobach said.

The final plan, set to take effect November 1, would make more than 200,000 deferred action for childhood arrival (DACA) recipients eligible for taxpayer-subsidized health plans, including 4,350 DACA recipients in Kansas.

According to the complaint, the proposed regulation violates a federal law that prohibits giving public benefits to illegal aliens. It also violates the plain text of the Affordable Care Act, or Obamacare, itself.

"In the ACA, Congress limited eligibility to participate in a qualified health plan through a subsidized health exchange to citizens or nationals of the United States and individuals 'lawfully present' in the United States," the complaint reads.

This case is currently pending in the U.S. District Court of North Dakota.

See latest filings in the case.