Are DACA Recipients Eligible for ACA Healthcare?

 Posted on December 12, 2024 in Immigration

The enrollment period for those who utilize the Affordable Care Act for their healthcare will close within the next month. While many issues related to immigration are now up in the air, on May 3, 2024, new regulations extended eligibility for the ACA Marketplace coverage to Deferred Action for Childhood Arrivals (DACA) recipients.

This was accomplished by changing the rules relating to who is lawfully present in the United States to include DACA recipients. This allows them to enroll under the ACA between now and January 15, 2025. Unfortunately, a number of states are challenging the decision to allow DACA recipients to sign up for ACA Marketplace healthcare coverage. If you have questions about your DACA status or other immigration issues, speaking to a Lombard, IL, immigration attorney can be advantageous.

What is DACA?

President Obama established the Deferred Action for Childhood Arrivals in June 2012. The goal was to offer some protections to children who were brought to the United States by their parents.  The action protected these immigrants, often known as Dreamers, from removal proceedings by authorizing two-year renewable work permits. Eligibility requirements included:

• No lawful status as of June 15, 2012
• Arrival in the United States before the age of 16
• Under the age of 31 as of June 15, 2012
• Enrolled in school, completed high school or the equivalent, or a veteran
• Arrival in the United States before June 15, 2007

As of June 2024, there were more than 530,000 active DACA recipients. About 28 percent of these resided in California, 17 percent in Texas, and 5 percent in Illinois, with the remaining recipients spread across the remaining states. Most DACA recipients are in their mid-thirties, which means many of them now have families, homes, and jobs.

How Health Coverage Has Been Impacted for DACA Recipients

DACA recipients have, up until now, been ineligible for any type of health insurance that is partially or fully federally funded. Because they were not considered lawful permanent residents, they were ineligible for federal programs like Medicaid, CHIP, and ACA. This resulted in DACA recipients having very few healthcare coverage options in the same way as all undocumented immigrants. Some states have implemented state-funded healthcare programs for low-income immigrants, which usually included DACA recipients.

More than half of all immigrants lack healthcare coverage, making them three times as likely as their counterparts with insurance to use the emergency room for health issues. Most uninsured immigrants report not seeing a doctor in the past 12 months. The ACA expansion to include DACA recipients is expected to increase federal expenditures by approximately $240 million per year, but research has shown that immigrants pay significantly more into the system in taxes and health insurance premiums they utilize.   

How Should DACA Recipients Prepare for Coming Immigration Changes?

DACA renewals are considered on a case-by-case basis. Each request for renewal is considered under 8 CFR 236.22-23. If the DACA renewal is approved, the recipient receives deferred action for another two-year period. If economic necessity for employment is shown, an employment authorization for that same two years will be considered. DACA recipients are encouraged to file their renewal request as early as possible – four to five months before the expiration date of the current approval.

Filing early can help reduce the risk that the current DACA and employment authorization document will expire before the USCIS makes a decision on the renewal. Filing earlier than 150 days prior to the expiration will not result in a faster decision. Filing online allows the case to be tracked and may also save some money.

Contact a DuPage County, IL Immigration Lawyer

While this is a frightening time to be an undocumented immigrant or a DACA recipient in the United States, speaking to a knowledgeable Naperville, IL immigration attorney helps ensure that you are fully aware of all your potential options. At Mevorah & Giglio Law Offices we have been serving the needs of immigrants throughout Northern Illinois for more than four decades. Call 630-932-9100 today to schedule your free consultation.