U.S. Senators Mazie K. Hirono and Cory Booker, alongside Representatives Joaquin Castro and Pramila Jayapal, have called on the Department of Health and Human Services (HHS) to reverse a proposal affecting health coverage for Deferred Action for Childhood Arrivals (DACA) recipients. The proposal would revoke their Affordable Care Act (ACA) Marketplace eligibility, potentially restricting access to affordable health insurance.
The lawmakers argued in their letter to HHS Secretary Robert F. Kennedy Jr. that “The ACA makes all lawfully present immigrants eligible for marketplace coverage.” They noted that the regulatory definition of lawfully present immigrants initially included all deferred action recipients, such as DACA recipients, when it was established in 2010.
In 2024, HHS corrected the exclusion of DACA recipients which allowed them to gain ACA Marketplace and subsidy eligibility. As a result, DACA recipients were included, though previously they were nearly five times more likely to be uninsured compared to their U.S. born counterparts. "The proposed regulation would reverse course and tear health coverage away from DACA recipients who have only had eligibility for less than a year,” the lawmakers stated.
Highlighting former President Trump's views, they noted his recognition of the value of Dreamers, stating the need for Congress to address the situation of these individuals who have been in the U.S. from a young age. “We agree with President Trump that Congress must pass the DREAM Act to create a pathway to citizenship for DACA recipients," they urged, emphasizing the importance of maintaining the ACA eligibility for DACA recipients.
The letter was signed by 117 Democratic lawmakers, including several senators and representatives, showing broad political support against the proposed rule change. The letter continues to be a part of an ongoing dialogue on health coverage and immigration policy in the United States.