The U.S. Department of Justice has asked a federal judge in North Dakota to halt proceedings in a high-profile challenge to a Biden administration rule that expanded health coverage access for DACA recipients — citing the ongoing government shutdown and lack of congressional funding.
In a motion filed Tuesday, the DOJ said that the Sept. 30 lapse in federal appropriations has left most of its workforce unable to operate except in situations involving “emergencies involving the safety of human life or the protection of property.”
“The department does not know when such funding will be restored by Congress,” the motion stated, urging the court to pause all litigation deadlines until the shutdown ends. The unopposed request comes just days before an Oct. 27 status conference scheduled in the case.
States Challenge DACA Rule Allowing Access to Health Coverage
The dispute stems from a Biden administration regulation that redefined “lawfully present” under the Affordable Care Act (ACA) to include individuals protected by the Deferred Action for Childhood Arrivals (DACA) program. This rule, announced earlier this year, aimed to allow DACA recipients — often called “Dreamers” — to purchase health insurance through ACA marketplaces.
However, Kansas and a coalition of Republican-led states filed suit, arguing that the administration overstepped its authority by granting federal benefits to individuals without lawful immigration status. The states claim the policy burdens taxpayers and undermines immigration law.
