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Federal Judge Blocks DACA Illegals From Accessing Obamacare

On Monday, a federal judge in North Dakota issued a ruling temporarily blocking illegal aliens who attempted to receive amnesty via the Deferred Action for Childhood Arrivals (DACA) program from having access to healthcare from the Affordable Care Act (ACA), also known as Obamacare.

As reported by Just The News, illegals who enrolled in the Obama-era DACA program for amnesty were allowed access to Obamacare last year by a rule implemented by the Biden Administration’s Centers for Medicare and Medicaid Services (CMS) last year. This gave such illegals access to multiple benefits, including a work permit.

However, the rule was challenged by a coalition of 18 Republican-led states, with the case eventually ending up in the court of U.S. District Judge Daniel Traynor. On Monday, Judge Traynor sided with the Republican states and granted a preliminary injunction against the rule, after he determined that the states had made their case that the illegals in question were not “lawfully present” in the United States.

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

The ruling was celebrated by Kansas Attorney General Kris Kobach (R-Kan.), a staunch immigration hawk, who declared the decision a “big win for the rule of law.”

“Congress never intended that illegal aliens should receive Obamacare benefits,” said Kobach. “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 issued a statement saying that it would review the order, but would not give an official comment on ongoing litigation. The injunction will remain in effect until a final decision is made by a higher court.

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About Eric Lendrum

Eric Lendrum graduated from the University of California, Santa Barbara, where he was the Secretary of the College Republicans and the founding chairman of the school’s Young Americans for Freedom chapter. He has interned for Young America’s Foundation, the Heritage Foundation, and the White House, and has worked for numerous campaigns including the 2018 re-election of Congressman Devin Nunes (CA-22). He is currently a co-host of The Right Take podcast.

Photo: Jahi Chikwendiu/The Washington Post via Getty Images

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