Attorney General Hilgers and a coalition of 15 state attorneys general led by Kansas Attorney General Kris Kobach filed a lawsuit in federal court to stop the Biden-Harris administration from extending Obamacare to illegal aliens.
The final plan, set to take effect November 1, would make more than 200,000 Deferred Action for Childhood Arrival (DACA) recipients, including 2,420 from Nebraska, eligible for taxpayer-subsidized health plans.
“Hardworking Nebraskan taxpayers shouldn’t be forced to subsidize big-government health plans for those who are here illegally. The Biden-Harris administration has once again violated federal law in its attempt to expand the reach of the federal government at the expense of law-abiding Americans,” said Attorney General Hilgers.
The rule violates the plain text of the Affordable Care Act (ACA), or Obamacare, itself.
“In the ACA, Congress limited eligibility to participate in a qualified health plan through a subsidized health exchange to citizens or nationals of the United States and individuals ‘lawfully present’ in the United States,” the complaint reads. The complaint alleges that the proposed rule violates a federal law that prohibits giving public benefits to aliens as well.
In addition to Attorney General Hilgers, attorneys general from the following States joined the lawsuit: Alabama, Idaho, Indiana, Iowa, Kansas, Missouri, Montana, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.