Should people in the United States illegally be eligible for taxpayer-funded healthcare benefits?

A group of 15 Republican attorneys general say no, and they’ve filed a multi-state lawsuit to prevent efforts to do just that.

The lawsuit is led by Kansas Attorney General Kris Kobach.

“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. That’s why I am leading a multi-state lawsuit to stop this illegal regulation from going into effect,” Kobach said.

The lawsuit was joined by attorneys general from Alabama, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Virginia.

At issue is the White House’s attempt to allow undocumented immigrants covered by Deferred Action for Childhood Arrivals to get access to taxpayer-subsidized healthcare through the Affordable Care Act, also known as Obamacare. Under the new rule, implemented by the Department of Health and Human Services, DACA enrollees “will have access to insurance and related financial assistance such as tax credits and reduced out-of-pocket costs under the change,” Reuters reports.

The attorneys general say this is a clear violation of federal law, which prohibits the giving of public benefits to people without legal immigration status.

“We believe this new CMS rule ignores the clear intent of Congress and threatens to misuse taxpayer money from New Hampshire and across the nation. It’s crucial that federal regulations follow legal limits established by Congress and don’t go beyond what the law allows to ensure that taxpayer funds are used properly,” said New Hampshire Attorney General John Formella.

DACA is a program that covers undocumented immigrants who came to the United States as children, many brought by their parents. As of Dec. 31, 2023, the U.S. Citizenship and Immigration Services reported more than 530,000 active DACA recipients. The Migration Policy Institute estimates that, if the policy were fully implemented — an idea supported by Vice President Harris — 1,161,000 people would be eligible.

And under the new policy, they would be eligible for the same taxpayer-funded benefits as U.S. residents.

The debate over benefits for undocumented aliens has heated up with Harris’ pick of Minnesota Gov. Tim Walz as her running mate. As governor, Walz signed legislation making undocumented immigrants eligible for taxpayer-subsidized state healthcare benefits starting in 2025, costing $109 million.

The Donald Trump campaign is targeting the Harris-Walz ticket over what it calls the “open borders” policies.

“The new Biden-Harris rule will worsen the disaster at the border,” Kobach wrote in a Wall Street Journal op-ed.“When word about taxpayer-subsidized healthcare reaches the home countries of would-be illegal aliens, many more will make the journey. When you reward illegal behavior, you get more of it.”

Michael Graham is the managing editor at InsideSources.com.