DACA Reform

 

Biden Seeks to Open Health-Care Subsidies to DACA Recipients President Joe Biden will seek to open access to Medicaid and subsidized health insurance to immigrants who are part of the Obama-era Deferred Action for Childhood Arrivals program, in a bid to bolster the beleaguered measure for those brought to the US illegally as children. Comment Now DACA recipients would have access to health care through Affordable Care Act Marketplaces, Medicaid, and the Children’s Health Insurance Program Under a new proposed rule from the Department of Health and Human Services, those participating in the program would be deemed to have a “lawful presence” in the US. As a result, the roughly 600,000 DACA recipients could qualify for free health insurance if their income level is low enough, or subsidized insurance on Obamacare exchanges if they don’t receive insurance from their employer. The move is a significant shift from the initial implementation of DACA, which allowed certain undocumented immigrants to avoid deportation and receive work permits, when aides pitched it as specifically limiting access to government benefits. A significant number of DACA recipients may qualify for subsidized insurance under the expansion.  The White House has hoped to expand the DACA program, but that effort has been put on hold by federal courts, which have prohibited the administration from processing new applications. Biden has also called on Congress to provide those brought to the country illegally as children a pathway to citizenship. To be assured consideration, comments must be received at one of the addresses provided below, by June 23, 2023. COMMENT NOW This proposed rule would make several clarifications and update the definitions currently used to determine whether a consumer is eligible to enroll in a Qualified Health Plan (QHP) through an Exchange; a Basic Health Program (BHP), in States that elect to operate a BHP; and for some State Medicaid and Children's Health Insurance Programs (CHIPs). To read the proposed rule, Click Here CMS Press Release Click Here For and Against Those in favor  Senate Majority Leader Chuck Schumer: “Dreamers deserve access to health coverage in the only country they call home. I applaud President Biden for this highly impactful policy change that will improve the lives of so many!” [Tweet, 4/13/23] Senate Majority Whip Dick Durbin: “DACA holders are American in every way but their paperwork and are an important part of our nation & our economy. Extending ACA health insurance options to them is humane and simply common sense. Congress’ decades long failure to do the right thing for Dreamers is inexcusable.” [Tweet, 4/13/23]   Senator Bob Menendez: “I’m glad to see the Biden Administration taking steps to recognize that DACA recipients have been waiting for over decade for Republicans to come to the table to give them a path to citizenship.” [Tweet, 4/13/23]  Speaker Emerita Nancy Pelosi: “Our Dreamers enrich their communities and make America more American. As Democrats fight for a pathway to citizenship for Dreamers, we commend President Biden for ensuring their access to quality, affordable health care.” [Tweet, 4/13/23] Those against  House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement after the Biden administration announced an illegal plan to, without congressional approval, alter the definition of “lawful presence” to give health care benefits to individuals in the United States under the DACA program:  “Rather than focus on policies that will lower the American people’s incredibly high health care costs, President Biden is attempting to send taxpayer dollars to health insurance companies to subsidize coverage in a manner that is expressly prohibited by Obamacare and Medicaid. Worse, this radical attempt to please his base comes just before he is set to end crucial Title 42 border protections.  “This administration’s open border agenda is creating more incentives for people to enter our country illegally, which leads to more instability for law enforcement, weakens our safety net programs, and drives us further into debt. Ultimately, this illegal action will threaten the security of the American people.  “Time and again, President Biden has demonstrated more concern with scoring political points with the radical left than abiding by the rule of law, reining in inflationary spending, or keeping Americans safe. Our committee looks forward to hearing from the HHS Inspector General next week regarding this and a host of concerning issues.”  BACKGROUND:  Obamacare prohibits illegal immigrants from purchasing health coverage through health insurance exchanges and receiving subsidies for such coverage.   Congressional Research Service: “Undocumented individuals (individuals without proper documentation for legal residence) are prohibited from purchasing coverage through an exchange, even if they could pay the entire premium. Because the ACA prohibits undocumented individuals from obtaining exchange coverage, these individuals are not eligible for the PTC.”  As recently as July 2022, the Biden administration affirmed that individuals with DACA status were not eligible to enroll in coverage through the marketplace.   Centers for Medicare and Medicaid Services: “Individuals whose immigration status is unverified and individuals granted Deferred Action for Childhood Arrivals (DACA) status are not eligible to enroll in coverage through the Marketplace, even at full cost, although they may be able to purchase coverage outside the Marketplace.”  Submission of Public Comments: Comments must be received on or before June 23, 2023. In commenting, please refer to file code CMS–9894–P. Online: Centers for Medicare & Medicaid Services

Note: Regarding a Proposed Rule, it is important to write the agency of jurisdiction. Please use the above links to contact the Centers for Medicare & Medicaid Services.