Deferred Action for Childhood Arrivals recipients will be able to apply for healthcare coverage through certain federal programs pursuant to a final rule that takes effect Nov. 1.

Key Points:

  • The U.S. Department of Health and Human Services announced on May 3 the final rule expanding access to healthcare for DACA recipients through the Affordable Care Act Health Insurance Marketplace or through a Basic Health Program.
  • DACA recipients are three times more likely to be uninsured than the general U.S. population. Approximately 100,000 uninsured DACA recipients who were previously excluded from eligibility are expected to enroll through the ACA Marketplace or a BHP.
  • During the 60 days following the rule’s Nov. 1, 2024, effective date, DACA recipients will qualify for a special enrollment period to select a health plan through the ACA Marketplace. Eligible recipients applying for coverage in November 2024 could have ACA Marketplace coverage begin Dec. 1 and BHP coverage begin Nov. 1.

Additional Information: As of Dec. 31, 2023, U.S. Citizenship and Immigration Services reported that there were more than 530,000 active DACA recipients in the United States. The final rule is in accord with the Biden-Harris Administration’s commitment to ensure affordable, quality healthcare for all. “More than one-third of DACA recipients currently do not have health insurance, so making them eligible to enroll in coverage will improve their health and well-being, and help the overall economy,” said HHS Secretary Xavier Becerra.

BAL Analysis: The business community continues to show strong support for DACA and the crucial role Dreamers play in the U.S. economy. Given the uncertain environment, DACA recipients who qualify for a renewal are urged to apply for one as soon as they can. BAL will continue to follow the litigation challenging DACA and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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