15 States Sue Over Rule Extending Health Insurance to DACA Immigrants

The Biden Administration issued a final rule allowing an estimated 100,000 previously uninsured participants in the Deferred Action for Childhood Arrivals program, or DACA, to access coverage through Health Insurance Marketplaces and the Basic Health Program beginning Nov. 1, 2024. The lawsuit argues that the rule violates a 1996 welfare reform law and the ACA and encourages more immigrants to come to the US illegally. The DACA program was launched in 2012 under former President Barack Obama and offers deportation relief and work permits to “Dreamer” immigrants who were illegally brought to the U.S. as children or overstayed a visa. Previously, DACA recipients were prohibited from enrolling in the Marketplace plans but could receive health insurance through an employer, buy private insurance or in some places access programs funded by states and cities. Pennsylvania has almost 5,000 DACA recipients.

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