The Affordable Care Act (ACA), also known as "Obamacare," is controversial enough as it stands, but a recent rule change has sparked a massive lawsuit against the Biden administration. 

According to the New York Post, a coalition of 15 states have taken legal action to block the U.S. government from allowing free health care to foreign nationals in the United States illegally through the ACA rule change.

The joint lawsuit is led by Kansas Attorney General Kris Kobach.

Kobach, joined by the attorneys general of 14 other states, filed the lawsuit in US District Court for the District of North Dakota Western Division. The defendants listed include the Centers for Medicare and Medicaid Services.

What's going on?

The issue boils down to CMS rule change in the "Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other NonCitizens for a Qualified Health Plan Through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, a Basic Health Program."

In the program's language, the term "lawfully present" was changed to include DACA recipients.

The Post noted:

When Congress enacted the ACA, it limited eligibility to “citizen[s] or national[s] of the United States [and] aliens lawfully present in the United States.” By changing the definition of “lawfully present” to include DACA recipients, CMS is enabling them to have access to taxpayer-funded ACA coverage.

The AGs' complaint added that such a change violates the Administrative Procedures Act, which is described as "federal law that prohibits taxpayer-funded benefits from being given to illegal foreign nationals."

"DACA recipients are, by definition, unlawfully present in the United States," the lawsuit reads. "Indeed, eligibility for DACA requires unlawful presence in the United 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. #ksleg #daca https://t.co/ORBp0E8eLu

— Kris W. Kobach (@KrisKobach1787) August 8, 2024

What happens next?

If the lawsuit fails to stop the rule change from taking effect, a staggering number of illegals will receive taxpayer-funded health care.

The Post noted:

If the CMS final rule takes effect Nov. 1, more than 200,000 DACA recipients would automatically become eligible for taxpayer-subsidized health plans nationwide.

The coalition of AGs wants the effective date of the rule postponed and then vacated. They're also seeking to "enjoin the defendants from implementing it and award plaintiff attorneys the costs of their fees."

Only time will tell if they're successful in their pursuit. Hopefully, they are, because the rule change is downright ridiculous.