In 2012, when then-President Barack Obama needed to gain the support of immigrant voters again, after two years of round-ups and deportations had alienated many, he provided the political lifeline of the Deferred Action for Childhood Arrivals (DACA) and made them Dreamers.
Under DACA, people who came to the U.S. as children and met other requirements received renewable grants of relief from deportation and work authorization. Currently, nearly 600,000 people are DACA recipients.
Today, 12 years later, Obama’s then-veep and current U.S. President Joe Biden needs a political lifeline badly, especially with immigrant voters, who once again are disillusioned at the Democratic administration’s policies on immigration. The polls are fluctuating, but Biden is now narrowly leading Trump, at 45 percent to 44.9 percent.
While many DACA recipients remain in legal limbo, the Biden administration is making a political play of its own: It’s now using Obama’s signature historic program, the Affordable Care Act (ACA), aka Obama Care, in a way it hopes will energize immigrant support for another term. On May 3, the Department of Health and Human Services (HHS) updated its regulations to extend eligibility for benefits under the ACA to Dreamers. This includes access to government-subsidized health insurance.
Previously, the ACA required individuals enrolling in a qualified health plan through an exchange to be either U.S. citizens or nationals, or “lawfully present” in the United States. DACA recipients were excluded from this definition of lawfully present. However, HHS has now revised this exclusion, allowing DACA recipients to qualify for insurance affordability programs such as premium tax credits, advance payments of the premium tax credit, cost-sharing reductions, and enrollment in the Basic Health Program (BHP).
Under this final rule, DACA recipients will gain eligibility for enrollment in a qualified health plan through an exchange and in BHP for states that opt to operate a BHP. Due to this rule change, DACA recipients and other newly eligible individuals will be entitled to a special enrollment period for selecting a health plan through the Marketplace. This period will span 60 days starting from the rule’s effective date of November 1, 2024.
Coinciding with the 2025 Open Enrollment Period, this timing facilitates a seamless enrollment process for newly eligible individuals. Applicants who apply for coverage in November 2024 may have their Marketplace coverage commence as early as December 1, 2024, provided they meet all other eligibility criteria.
The Biden play seems to be working so far.
Voto Latino called it a “HUGE VICTORY.” Kica Matos, president of the National Immigration Law Center, said the administration’s move to lift the ACA restrictions for DACA recipients is an “important step for health equity and immigrant justice.”
Indira Islas of TheDream.US called the announcement “a good thing for us and for America,” while TheDream.US President and CEO Gaby Pacheco called it a “meaningful step forward.”
However, all noted that there is much more work to be done because DACA recipients remain in limbo.
“We continue to urge Congress to pass a pathway to citizenship for immigrant youth who call this country home, so they can enjoy the same peace and stability that we all need to thrive,” Matos said.
Felicia J. Persaud is the publisher of NewsAmericasNow.com, a daily news outlet focusing on Black immigrant issues.