SIOUX FALLS, S.D. (KELO) -- Attorney General Marty Jackley, along with Kansas Attorney General Kris Kobach and North Dakota Attorney General Drew Wrigley, will appear Tuesday in North Dakota U.S. Federal Court to argue against a proposed federal rule that treats Deferred Action for Childhood Arrivals (DACA) recipients as legal citizens. 15 Attorney Generals filed the suit in August of 2024, challenging the Centers for Medicare and Medicaid Services' final rule regarding the eligibility of DACA recipients for a Qualified Health Plan through the Affordable Care Act Exchange. This ruling becomes effective November 1, 2024. South Dakota prepares to celebrate Native Americans’ Day "Washington has failed to secure our southern border, and the cost of DACA is not the right solution for the States," said Attorney General Jackley in a press release. "DACA's subsidized health insurance for illegal immigrants would be at the cost of struggling working citizens." The hearing is scheduled for 1:30 p.m. CDT Tuesday in Bismarck. Attorney General Kobach will serve as lead counsel.