Dreamers
Dreamers can still enroll in Obamacare.
The fight
August 8, 2024 - A group of Republican-led states filed a lawsuit seeking to block the Biden administration from allowing up to 100,000 immigrants brought to the U.S. illegally as children to access federally-run health insurance.
The states say a rule adopted by the U.S. Department of Health and Human Services in May violates a federal law that prohibits giving public benefits to people who lack legal immigration status.
The rule classifies participants in the Deferred Action for Childhood Arrivals (DACA) program as "legally present" in the United States.
♦ This classification would allow them to enroll in basic healthcare programs, Obamacare.
Kansas and the other states in their lawsuit said that because individuals have to lack legal status to enroll in DACA, they are by definition not legally present in the country.
• The DACA program offers deportation relief and work permits to "Dreamer" immigrants who were illegally brought to the U.S. or overstayed a visa as children.
About 530,000 people are currently enrolled in the program, which remains subject to an ongoing legal fight.
• The Biden administration estimates that 100,000 uninsured DACA recipients will receive health coverage under the new rule.
Under the HHS rule, which takes effect Nov. 1, DACA enrollees will have access to insurance and related financial assistance such as tax credits and reduced out-of-pocket costs under the change.
♦ On December 9, U.S. District Court Judge Dan Traynor on Monday granted the states' request to suspend the new federal rule and prevent DACA immigrants from accesses health care through the Affordable Care Act.
The ruling already has people crying partisan foul play since the suit was filed where the judge overseeing the case is a Republican.
The 19 states that brought the lawsuit back in August ultimately want the rule struck down.
♦ On December 16, the 8th Circuit Court of Appeals issued a temporary stay on the preliminary injunction.
As a result, DACA recipients and enrollees with certain other immigration statuses may enroll in ACA marketplace coverage in all states, including the 19 states affected by the preliminary injunction.
ACA marketplace enrollees will receive a notice from the marketplace if future court decisions affect their coverage.
