FOR IMMEDIATE RELEASE: Tuesday, Oct. 15, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878 

PIERRE, S.D. – South Dakota Attorney General Marty Jackley, Kansas Attorney General Kris Kobach, and North Dakota Attorney General Drew Wrigley Tuesday argued in North Dakota U.S. Federal Court that a proposed federal rule that treats DACA recipients as legal citizens would impact the financial health and public safety of States.

“The burdens fall on the States when Washington fails to address illegal immigration and secure our Southern Border,” said Attorney General Jackley. “It has affected the public health and safety with the flow of meth and fentanyl from the Southern Border into our States. The financial burden of this proposed DACA rule for South Dakota families is real, ranging between $26 million to $35 million per year.”

Attorney Generals in 19 States filed the suit this August challenging the Centers for Medicare and Medicaid Services’ final rule regarding eligibility of the Deferred Action for Childhood Arrivals (DACA) recipients for a Qualified Health Plan through an Affordable Care Act exchange. 

The federal court has now taken the case under advisement and ordered the federal government to produce factual information to the States. A decision will be announced in the near future with the Rule going into effect Nov. 1, 2024.

In addition to South Dakota, Kansas, and North Dakota, other Attorney Generals who joined this suit are from Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kentucky, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, Tennessee, Texas, and Virginia.

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