New Healthcare Eligibility for DACA Recipients

The DACA (Deferred Action for Childhood Arrivals) program safeguards children of undocumented immigrants from deportation and allows them to stay in the United States to pursue education and seek employment. DACA cardholders are called “DREAMers”—for the Development, Relief, and Education for Alien Minors Act.

The DACA program, a cornerstone of immigration policy, has been subject to numerous changes in its rules and guidelines since its inception in 2012 under the Obama Administration. This year is no exception, with significant changes on the horizon concerning healthcare for DACA recipients, set to take effect November 1, 2024. Scott D. Pollock & Associates, P.C. continues to pay close attention to the latest DACA news to better serve our clients.

Healthcare Coverage for DACA Recipients

Starting November 1, 2024, DACA recipients can access healthcare benefits through the Affordable Care Act. This is a critical step for ensuring the well-being of DACA recipients. The U.S. Department of Health and Human Services—under the umbrella of the Centers for Medicare and Medicaid Services (CMS)—has ruled to expand access to healthcare coverage for DACA recipients, a move that will positively impact the lives of many.

This ruling means DACA recipients can now enroll in a Qualified Health Plan (QHP ) via the Affordable Care Act (ACA) Health Insurance Marketplace or for coverage with a Basic Healthcare Program (BHP). CMS estimates that about 100,000 previously uninsured DACA recipients will now have healthcare coverage.

DACA recipients qualify for a special enrollment period to select a Marketplace health plan during the 60 days following the November 1, 2024, effective date. This timing matches the 2025 Open Enrollment Period, meaning DACA recipients can receive coverage as early as November 1.

Is the New DACA Healthcare Policy Guaranteed?

While the new healthcare coverage option is ready to launch, it’s important to remember that DACA rules and regulations are not set in stone. Modifications to DACA mainly occur when there is a shift in political office, and with the upcoming presidential election, the new healthcare option could be adjusted or eliminated.

In addition, other DACA policies that protect DREAMers could be altered. Let’s examine where DACA currently stands.

Current DACA Legal Updates

Many restrictions to DACA were implemented in 2017, and political shifts continue to put DACA in a state of tug-of-war. In October 2022, the Department of Homeland Security issued a final rule to maintain and fortify DACA. This means DACA is now based on a formal regulation that preserves the program while litigation regarding the act continues to move through the courts.

U.S. Citizenship and Immigration Services (USCIS) continues accepting and processing current DACA recipients’ applications for deferred action, work authorization, and advance parole. As for initial DACA requests, USCIS will continue to accept applications but cannot process these requests.

Scott D. Pollock & Associates, P.C. is staying updated on any DACA changes to best represent our clients and keep you informed.

The final rule affirms that:

• Current DACA recipients’ deferred action, employment authorization, and advance parole will remain valid.
• DACA is not a form of lawful status; recipients are considered “lawfully present” for certain purposes.
• Non-citizens who meet eligibility criteria, pass all national security and public safety vetting, and are determined to merit discretion may be granted deferred action and obtain a renewable two-year work authorization. However, pending litigation, the department cannot grant deferred action to new DACA recipients.

DACA Status Eligibility

There are several criteria to meet to qualify for the DACA program.

On June 15, 2012, you:

• Were under the age of 31 (in other words, you were born on or after June 16, 1981)
• Were physically present in the U.S.
• Did not have lawful immigration status

Further, as of the date you file the request, you must:

• Have continuously resided in the U.S. since June 15, 2007
• Arrived in the U.S. before your 16th birthday
• Remained physically present in the U.S.
• Have no lawful immigration status
• Be in school, have graduated from high school in the U.S. (or have a GED certificate), or be an honorably discharged veteran of the U.S. armed forces or Coast Guard

Additionally, you must not have been convicted of a felony or significant misdemeanor, had three other additional misdemeanors, or be considered a threat to national security or public safety.

DACA Renewal Requirements

DACA status is valid for two years from the issue date, and then recipients must reapply. USCIS suggests beginning the renewal process 120 to 150 days before the expiration date on your current DACA approval notice.

To meet DACA renewal requirements, you:

• Must not have left the United States on or after August 15, 2012, without a valid travel document.
• Continuously resided in the U.S. since submitting your most recent approved renewal request.
• Have not been convicted of a felony or significant misdemeanor, do not have three or more other misdemeanors, and are not a threat to national security or public safety.

Talk to a Lawyer

Given the ever-evolving nature of the DACA program, it is crucial for DREAMers to stay informed about any new or changing guidelines. Our team is committed to ensuring that DACA recipients know their rights, including their new right to access healthcare coverage through the Affordable Care Act (ACA).

The attorneys of Scott D. Pollock & Associates, P.C. are committed to helping DACA recipients learn about the latest guidelines, manage the renewal process, and understand how to use the DACA path to green card citizenship.

Contact us today so we can support you on your DACA journey, providing the knowledge and skills you need to navigate these changes.