A federal judge this week blocked health care coverage for DACA recipients under the Affordable Care Act (ACA). These immigrants, also known as “Dreamers,” are individuals who were brought to the United States illegally as children. Many of them are now adults and only know the U.S. as home.
Last month, a Biden administration rule went into effect, allowing DACA recipients to enroll in a health plan under “Obamacare,” just as the open enrollment period began. The White House had projected the rule would grant more than 100,000 “Dreamers” the ability to sign up for government-funded health care.
On Monday, Dec. 9, U.S. District Court Judge Dan Traynor sided with the attorneys general of 19 states, prohibiting the Centers for Medicare and Medicaid Services (CMS) from enforcing the Biden administration’s rule in those states.
The states filed a lawsuit in August, arguing that the Biden administration’s rule would increase costs for the states and encourage immigrants to remain in the U.S. illegally.
Judge Traynor ruled that CMS “acted contrary to law,” adding that the states “are likely to suffer irreparable harm from the expenses associated with carrying out the final rule.”
This ruling means that, unless “Dreamers” are enrolled in health care through their employer, they have no other option for health care coverage unless they purchase directly from an insurer — often at a cost of hundreds of dollars per month.
Upon visiting UnitedHealthcare’s website to explore an individual plan and after filling in the necessary information, the cheapest available plan was $468 a month, with an $8,250 deductible.
Kris Kobach, the attorney general of Kansas and leader of the plaintiffs in the case, responded to the ruling in a post on X, writing: “Big win for the rule of law. Congress never intended that illegal aliens should receive Obama care benefits. Indeed, two laws prohibit them from receiving such benefits. The Biden administration tried to break those laws. But we fought back, and defeated the Justice Department.”
United We Dream, an immigrant advocacy group, called the judge’s ruling detrimental, stating, “Everyone, no matter what their immigration status is, deserves to be able to go to the doctor and access medical care. It is cruel beyond words to deny someone the resources to be able to prioritize their health and well-being and to make rights like healthcare access dependent on where you live.”
In most states, open enrollment for ACA plans runs until Jan. 15, 2025.
