Impact
- According to a statement by HHS Secretary Xavier Becerra, more than one-third of DACA recipients do not have health insurance.
- According to the White House, the new regulation expands coverage to about 100,000 DACA recipients.
- The new rule classifies DACA recipients will all other groups granted deferred action.
- Dreamers will have access to financial assistance to purchase insurance through the ACA marketplace, according to a White House fact sheet.
The Future of the DACA Program
As previously reported, the Fifth Circuit is currently evaluating the legality of the Biden administration’s changes to the DACA program after it was deemed unlawful in a September decision.
US District Judge Andrew Hanen ruled that the 2012 Obama-era program violated the Administration Procedure Act because it did not follow the notice-and-comment rulemaking requirement. The current DACA injunction bars the government from approving new DACA applications, but DHS can continue to process renewal applications.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.