A federal court in North Dakota has halted Affordable Care Act (ACA) coverage for Deferred Action for Childhood Arrivals (DACA) recipients, also known as “Dreamers.” U.S. District Judge Daniel M. Traynor issued a preliminary injunction preventing the Biden administration from enforcing a rule allowing DACA recipients access to ACA marketplaces in 19 states, including Kansas.
The Biden administration’s May rule sought to let active DACA recipients enroll in qualified ACA plans and access financial assistance. However, Judge Traynor ruled that the Centers for Medicare and Medicaid Services (CMS) lacked the authority to redefine the term “lawfully present” under the ACA.
Kansas Attorney General Kris Kobach, a lead plaintiff, praised the decision, calling it a victory for the “rule of law” and claiming Congress never intended to extend ACA benefits to undocumented immigrants.
CMS is reviewing the decision but has not commented on the litigation. The Department of Justice has not issued a statement.
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