More than 100,000 noncitizen Deferred Action for Childhood Arrivals (DACA) recipients can apply for health insurance through the Affordable Care Act (ACA) during the open enrollment period, which ends on Jan. 15, 2025.
Enrollment began Nov. 1, a few months after the Department of Health and Human Services (HHS) finalized a rule change expanding health care access.
The DACA policy, established in 2012 by the Department of Homeland Security, defers deportation action against qualifying young people who were brought to the U.S. as children without legal authorization. More than one-third of DACA recipients are without health insurance, according to HHS.
“The expansion of subsidized ACA marketplace coverage to DACA recipients is transformative for our children and families,” said Sural Shah, M.D., FAAP, chair-elect of the AAP Council on Immigrant Child and Family Health. “For too long, people with DACA across the country have been excluded from coverage provided through the ACA solely because of their immigration status. For pediatricians and families throughout the U.S., this new expansion is long overdue and removes critical barriers to care.“
DACA recipients who are uninsured and who file a federal tax return can enroll in health insurance plans at healthcare.gov or their state’s insurance marketplace. Those who need assistance with enrollment can visit healthcare.gov/find-local-help/. Recipients in New York, Minnesota and Oregon may be eligible for those states’ Basic Health Program.
The final rule also adjusts the definition of “lawfully present” immigrants to include those who have:
- humanitarian statuses or circumstances, including asylum applicants and victims of trafficking;
- valid nonimmigrant visas;
- legal status conferred by other laws including temporary resident status;
- an employment authorization document or work permit;
- a pending application for lawful permanent resident status; or
- an approved petition for Special Immigrant Juvenile classification.
The final rule does not allow DACA recipients to obtain full Medicaid or Children’s Health Insurance Program (CHIP) coverage.
“The AAP has been a vocal advocate for this expansion for many years, and while we continue to fight for increased eligibility for Medicaid and CHIP, this eligibility change is an incredible opportunity to improve access and affordability of care for people with DACA across our country,” Dr. Shah said.
A challenge to the final rule was filed in August by Kansas and 18 other states. DACA recipients can apply for health coverage while a decision in the case, Kansas v. United States, is pending.
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