Immigration News
DACA-holders now eligible for Affordable Care Act
November 1, 2026
NOTE: December 10, 2024, Judge blocks ACA access to DACA-holders in 19 state. Minnesota is not affected by this ruling.
Starting November 1, 2024, people with Deferred Action for Childhood Arrivals (DACA) status can enroll in health insurance through the Affordable Care Act (ACA) marketplace for the first time. Here's what you need to know about this historic change.
What's Changing?
In May 2024, the Biden-Harris Administration issued new regulations that expand the definition of "lawfully present" to include DACA recipients for healthcare coverage purposes. This change allows DACA holders to:
Purchase health insurance through Healthcare.gov or state marketplaces
Qualify for premium tax credits and cost-sharing reductions based on income
Enroll in Basic Health Program coverage in states that offer it (currently Minnesota and Oregon)
Who's Eligible?
To be eligible, you must:
Be an active DACA recipient
Meet other standard marketplace eligibility requirements
Have a Social Security number (which most DACA recipients already have)
Important Dates
November 1, 2024: First day DACA recipients can apply for coverage
November 30, 2024: Deadline to enroll for coverage starting December 1, 2024
December 31, 2024: Deadline to enroll for coverage starting January 1, 2025
January 15, 2025: Final deadline for 2025 coverage (coverage starts February 1)
Expected Impact
This change could have significant effects:
An estimated 100,000 uninsured DACA recipients are expected to gain coverage
The federal government projects spending $240-300 million per year on premium tax credits
Healthcare access is likely to improve for DACA recipients who have previously relied on emergency care or gone without coverage
What's Not Changing
DACA recipients remain ineligible for:
Medicaid (except for emergency services)
Children's Health Insurance Program (CHIP)
Other federally funded health coverage programs
Current Challenges
Several important factors could affect the program's implementation:
Legal Challenges:
Kansas and 18 other states have filed a lawsuit to block the rule
A court decision is pending on the challenge
Program Uncertainty:
The future of DACA itself remains uncertain due to ongoing litigation
The policy could be affected by the outcome of future elections
Enrollment Barriers:
Immigration-related fears may discourage some eligible recipients from enrolling
Confusion about eligibility and public charge rules persists
Language and cultural barriers may affect enrollment
Getting Coverage
DACA recipients can enroll through several methods:
Online at HealthCare.gov
Through state-based marketplaces
By phone at 1-800-318-2596 (assistance available in 200 languages)
With help from local assisters or healthcare navigators
Why It Matters
This change addresses a significant gap in healthcare access. Currently:
About 1 in 4 DACA recipients are uninsured
Many have avoided seeking care due to costs
Lack of insurance has led to reliance on emergency rooms for basic care
Some have faced substantial medical debt due to being uninsured
By providing access to affordable health insurance, this new rule aims to improve health outcomes and financial security for hundreds of thousands of DACA recipients who have built their lives in the United States.
Resources:
Connecting DACA-holders to healthcare
DACA recipients in MN and MnCare
President Biden Announces new protections for undocumented immigrants
June 18, 2024
The Biden-Harris Administration just announced June 17, 2024 exciting news that will provide new protections to certain spouses of US Citizens and streamline access to work visas for DACA-holders.
The announcement comes in the heels of DACA marking 12 years on June 15, 2024 since President Obama (and Biden as Vice-President) announced it in 2012. The new process announced by the Biden-Harris Administration will allow:
Keeping Families Together:
Certain Noncitizen spouses and children will be eligible to apply for lawful permanent residence (green card) -- status that they are already eligible for -- without leaving the US (often called Parole in Place*).
In order to be eligible, noncitizens must – as of June 17, 2024 – have resided in the United States for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements. On average, those who are eligible for this process have resided in the U.S. for 23 years.
Those who are approved after DHS’s case-by-case assessment of their application will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years. This will apply to all married couples who are eligible.
This action will protect approximately half a million spouses of U.S. citizens, and approximately 50,000 noncitizen children under the age of 21 whose parent is married to a U.S. citizen.
Easing the Visa Process for U.S. College Graduates, Including Dreamers:
Allow individuals, including DACA recipients and other Dreamers, who have earned a degree at an accredited U.S. institution of higher education in the United States, and who have received an offer of employment from a U.S. employer in a field related to their degree, to more quickly receive work visas.
You can read the announcement from the White House here.
You can read the Department of Homeland Security here.
REMEMBER: the process to apply has not been announced. Stay alert. Do not fall for scams.
Legal Immigration Resources:
Here is a list of legal resources from the Minnesota Latino Affairs Council. And here is a list by the Minnesota State Law Library. The Presidents' Alliance of Higher Education and Immigration will be hosting on July 10, 2024 at 11AM (PT) an online event to explain more about the announcement of today--register here.