Red state AGs sue Biden-Harris admin over plan to give free health insurance to DACA recipients

The Biden-Harris admin wants DACA recipients to qualify for Obamacare

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A group of Republican attorneys general on Thursday sued to block the Biden-Harris administration from granting free health care to illegal immigrants.

President Biden's administration is working to grant DACA recipients access to Obamacare, despite their lack of U.S. citizenship. Kansas AG Kris Kobach, who is leading the lawsuit, says the administration is illegally redefining DACA recipients as "lawfully present" in the U.S. in order to grant the coverage.

DACA refers to Deferred Action for Childhood Arrivals, a policy that delays deportation for illegal immigrants who crossed into the U.S. when they were infants or young children.

Kobach argues that defining DACA recipients as lawfully present is "laughable."

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President Joe Biden and Vice President Kamala Harris hold hands on balcony

President Biden and Vice President Kamala Harris are facing a legal challenge to their effort to get free health care coverage for DACA recipients. (Tierney L. Cross)

"You have to have entered the U.S. illegally to qualify for DACA status. The 2012 memo creating DACA affirms that it ‘confers no substantive right, immigration status or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.’ And at least two federal courts have held DACA itself to be illegal," Kobach wrote in an opinion article for the Wall Street Journal.

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"The new Biden-Harris rule will worsen the disaster at the border. When word about taxpayer-subsidized healthcare reaches the home countries of would-be illegal aliens, many more will make the journey. When you reward illegal behavior, you get more of it," he added.

The White House did not immediately respond to a request for comment from Fox News Digital.

Kris Kobach

Kansas Attorney General Kris Kobach has filed several legal challenges against President Biden's administration.

Earlier this year, Kobach sued the Biden administration over a student loan forgiveness program. Biden has sought for years to find a legal path forward for unilaterally forgiving student debt but has yet to succeed.

The Saving on a Valuable Education (SAVE) plan announced by the administration last year would help millions of borrowers enrolled in a federal student loan program to lower their monthly debt payments and provide a path to debt forgiveness.

Joe Biden stepping off of Air Force One

Many of President Biden's executive actions have been thwarted by Republican legal challenges. (Susan Walsh/AP)

The lower payments were expected to kick in on July 1 for an estimated eight million borrowers enrolled in the SAVE program, but the administration has run into several legal hurdles.

Anders Hagstrom is a reporter with Fox News Digital covering national politics and major breaking news events. Send tips to This email address is being protected from spambots. You need JavaScript enabled to view it., or on Twitter: @Hagstrom_Anders.

Authored by Anders Hagstrom via FoxNews August 8th 2024