FOR IMMEDIATE RELEASE: Monday, Dec. 9, 2024

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that a North Dakota U.S. Federal Court has ruled in favor of 19 states that challenged a proposed federal rule that treats certain illegal immigrants as legal citizens.

Attorney General Jackley, along with Kansas Attorney General Kris Kobach, and North Dakota Attorney General Drew Wrigley, argued against the proposed rule during an Oct. 15 hearing in Bismarck. The Court’s decision means the rule will not take effect as it was scheduled to on November 1.

The court granted the state’s request for a temporary injunction, ruling that the states had standing to challenge the proposed rule, would be harmed by the proposed rule if implemented, and showed a likelihood of success on the merits of its argument.

“Washington has failed to secure our southern border, and ignoring immigration law is not the right solution,” said Attorney General Jackley. “DACA’s subsidized health insurance for illegal immigrants would be at the cost of struggling working families. For South Dakota, the financial burden ranges between $26 million to $35 million per year.”  

Attorney Generals in the 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 (ACA) exchange. 

“The States are likely to suffer irreparable harm from the expenses associated with carrying out the Final Rule revising the Centers for Medicare and Medicaid Services definition of  ‘lawfully present’ to allow DACA recipients to enroll in health insurance plans through the Patient Protection and Affordable Care Act exchanges,” said the court in its ruling. 

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.

The Court’s decision can be found here:

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