Federal judge temporarily blocks Dreamers from accessing Obamacare

President Joe Biden allowed illegal immigrants who were enrolled in the Deferred Action for Childhood Arrivals (DACA) program to qualify for Obamacare last year.

Published: December 9, 2024 9:21pm

A federal judge in North Dakota on Monday temporarily blocked migrants who were brought into the United States illegally as children from accessing the Affordable Care Act (ACA), also known as Obamacare.

President Joe Biden allowed illegal immigrants who were enrolled in the Deferred Action for Childhood Arrivals (DACA) program to qualify for Obamacare last year. DACA protects the illegal immigrants from deportation, along with giving them access to some benefits and a work permit.

The Biden administration's Centers for Medicare and Medicaid Services (CMS) announced the final rule that gave the recipients access to Obamacare in May, but a coalition of 18 Republican-led states have challenged the rule.

U.S. District Judge Daniel Traynor on Monday sided with the states, led by Kansas, and granted a preliminary injunction on the rule. The states had argued that DACA recipients are not considered "lawfully present" in the United States, which is a requirement under Obamacare, per KSNT.

“The authority granted to CMS by the ACA is to ascertain whether an individual meets the requirements for lawful status. It by no means allows the agency to circumvent congressional authority and redefine the term 'lawfully present,'” Traynor said in his ruling, reported by The Hill.

Kansas Attorney General Kris Kobach celebrated the order in a statement, claiming it was a "big win for the rule of law."

“Congress never intended that illegal aliens should receive Obamacare benefits," Kobach said. "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 CMS said it was reviewing the order but does not comment on litigation. The order will remain in effect until a final decision is made.

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.

The Facts Inside Our Reporter's Notebook

Unlock unlimited access

  • No Ads Within Stories
  • No Autoplay Videos
  • VIP access to exclusive Just the News newsmaker events hosted by John Solomon and his team.
  • Support the investigative reporting and honest news presentation you've come to enjoy from Just the News.
  • Just the News Spotlight

    Support Just the News