Led by Kansas Attorney General Kris Kobach, 15 states filed a lawsuit Aug. 8 challenging the rule. North Dakota, Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, South Dakota, Tennessee and Virginia joined the lawsuit.
In May, CMS said it will extend marketplace eligibility to DACA recipients beginning in 2025. The immigration program allows individuals brought to the U.S. as children without legal status to remain in the country.
More than one-third of DACA recipients are uninsured, HHS Secretary Xavier Becerra said in a May 3 news release.
In the lawsuit, filed in federal court in North Dakota, the attorneys general argued DACA recipients do not meet the definition of “legally present” to receive federal benefits.
CMS expects 100,000 uninsured DACA recipients could receive coverage through the program.
