Image: U.S. Border Patrol agents render medical aid to a migrant who illegally entered the U.S. in the Rio Grande Valley near McAllen, Texas, June 13, 2019. Image Credit: Mani Albrecht | U.S. Customs and Border Protection Office of Public Affairs Visual Communications Division
By Bethany Blankley [The Center Square contributor] –
Another federal court has ruled against the federal program, Deferred Action for Childhood Arrivals (DACA), arguing a Biden administration plan to provide free health care to DACA recipients is illegal.
It’s the fourth time a federal judge has recently ruled against a program created by former President Barack Obama through executive order in 2012.
DACA shielded children from deportation who were brought into the country illegally by their parents. The program has been in litigation for 12 years. A federal judge has twice ruled that DACA is illegal. The most recent ruling was in a multi-state lawsuit led by Texas to end DACA once and for all, The Center Square reported. The U.S. Supreme Court is ultimately expected to decide that case.
Another federal court has ruled against the federal program, Deferred Action for Childhood Arrivals (DACA), arguing a Biden administration plan to provide free health care to DACA recipients is illegal.
It’s the fourth time a federal judge has recently ruled against a program created by former President Barack Obama through executive order in 2012.
DACA shielded children from deportation who were brought into the country illegally by their parents. The program has been in litigation for 12 years. A federal judge has twice ruled that DACA is illegal. The most recent ruling was in a multi-state lawsuit led by Texas to end DACA once and for all, The Center Square reported. The U.S. Supreme Court is ultimately expected to decide that case.
On Monday, Judge Daniel Traynor agreed, granting the coalition’s request for a preliminary injunction.
In his 18-page ruling, he said the coalition had “shown likelihood of success on the merits because CMS acted contrary to law. Plaintiffs are likely to suffer irreparable harm from the expenses associated with carrying out the” the rule.
“As it currently stands, the ACA does not allow federal healthcare subsidies or coverage for aliens who are unlawfully present in the United States,” he pointed out. He also reiterated what the Fifth Circuit has maintained: “it is for Congress to determine who qualifies for lawful presence status, not agencies.”
In this case, Congress stipulated in federal law “that non-qualified aliens are prohibited from receiving any federal public benefit,” he said. CMS’s action circumvented congressional authority, Traynor said. “CMS only has authority to determine if aliens fit into one of those established categories, not create a new one.”
In response, Kobach said, “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 DACA recipients eligible for ACA coverage at the taxpayers’ expense.
Numerous reports suggest between 700,000 and 800,000 DACA recipients live in the U.S. The Los Angeles Times reports there are 578,680 on record with the U.S. Citizenship and Immigration Services as of March 2023.
In June, President Joe Biden announced he was expanding deportation protections for DACA recipients and streamlining request waivers to make it easier for them to obtain temporary visas, The Center Square reported. Last month, a federal judge struck down Biden’s amnesty plan, squashing his attempt to expand DACA provisions, The Center Square reported.
DACA supporters argue recipients should be granted citizenship, claiming they contribute to the U.S. economy and are constructive members of society.
Others argue those with criminal records, at a minimum, should be deported. Within the first five years of the program, nearly 80,000 DACA recipients were released into the U.S. with arrest records, The Center Square reported.
Attorneys general in the coalition represent the states of Alabama, Arkansas, Idaho, Indiana, Iowa, Florida, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Virginia.
With weeks left in the administration, CMS is unlikely to appeal the case.
