Last week, Biden announced through a video on Twitter that DACA recipients would be able to apply for Medicaid and the Affordable Care Act’s health insurance exchange under a new proposed rule from the Department of Health and Human Services.
Why it matters:
- Immigrants living without documentation in the U.S. are more likely not to have health insurance, and about one-third of DACA recipients do not have health coverage.
- DACA recipients can legally work in the U.S. and pay taxes, but they do not have the same benefits as U.S. citizens and other foreign nationals living in the U.S.
What to expect:
- The new rule is expected to generate pushback from conservative States that are reluctant to expand Medicaid, many of which are also critical of Biden’s immigration policies. Medicaid is federally funded but is administered by States.
- The Biden administration hopes to finalize the rule by the end of the month. This is an ambitious timeline because new regulation can take months, even if it is done through executive action.
The Biden administration’s action comes as fewer people are eligible for DACA because the program has kept the eligibility criteria the same since its creation. The DACA program has also faced legal battles in recent years, and DACA recipients are in jeopardy of losing their status.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.