BISMARK, N.D. (Dakota News Now) – South Dakota Attorney General Marty Jackley argued in federal court on Tuesday against a proposed DACA rule regarding healthcare.

The attorney generals for 19 states, including Jackley, filed a lawsuit in August against the Centers for Medicare and Medicaid Services over the final rule that would make Deferred Action for Childhood Arrivals, or DACA recipients, eligible for health insurance under the Affordable Care Act.

“The burdens fall on the States when Washington fails to address illegal immigration and secure our Southern Border,” said Jackley in a statement after the court arguments. “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.”

The final rule is scheduled to go into effect on November 1 and the states asked presiding judge Daniel Traynor for a stay, which he took under advisement.

The U.S. argued the states have provided no evidence of the rule’s high cost to the states and taxpayers.

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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