Republican attorneys general aim to thwart the rule that would provide DACA recipients with health insurance.

In a federal courtroom in North Dakota on Tuesday, three Republican attorneys general contended that a federal rule that permits certain undocumented immigrants to obtain subsidized health insurance ought to be halted, or at the very least postponed. On behalf of 19 states contesting the rule, which would grant undocumented immigrants protected under the Deferred Action for Childhood Arrivals program access to health care plans under the Affordable Care Act, the attorneys general for Kansas, North Dakota, and South Dakota presided over the hearing. Only U.S. citizens, nationals, or immigrants who are “lawfully present” in the nation are eligible for health benefits under the Affordable Care Act. Previously, administrative regulations enforcing the law did not specifically define DACA recipients as meeting this definition. This year, the federal agency issued a rule that makes it clear that DACA participants are among the “lawfully present” immigrants. The definition is also expanded by the rule to cover undocumented immigrants who possess specific employment authorization documents.