Dreamers to be Included in Federal Health Insurance Programs

The rule expands the definition of “lawfully present” to include those covered by the Deferred Action for Childhood Arrivals program and access to coverage will apply only to the Affordable Care Act Exchanges and the Basic Health Program. The new rule is scheduled to take effect on November 1, 2024.
  • 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.