The State of Kansas and 14 other states are challenging a new policy from the Centers for Medicare and Medicaid Services (CMS) that allows Deferred Action for Childhood Arrivals (DACA) recipients to access health insurance through the Affordable Care Act (ACA). 

DACA was implemented in 2012 under the Obama administration to protect eligible individuals brought to the U.S. as children from deportation. Under DACA’s legal protections, these individuals, often called “Dreamers,” pay taxes, work, attend school, and contribute to their communities. 

However, despite their contributions, DACA recipients have long been excluded from accessing affordable healthcare through the ACA, and, as a result, they are disproportionately likely to lack health insurance.

The CMS rule seeks to address this gap by allowing DACA recipients to enroll in health insurance plans through ACA marketplaces and to receive certain subsidies to make coverage affordable, improving public health outcomes by providing DACA recipients access to preventive care and reducing their reliance on emergency medical services.

A coalition of state Attorneys General has sued to block the implementation of this rule.

Several healthcare and patient advocacy organizations, including the American Cancer Society Cancer Action Network, American Lung Association, The Leukemia & Lymphoma Society, Muscular Dystrophy Association, and Epilepsy Foundation of America, represented by Democracy Forward, filed an amicus brief to the District Court for the District of North Dakota, defending the policy.

Our brief highlights that expanding healthcare coverage to DACA recipients aligns with the core goals of the ACA, which has successfully expanded access to affordable health care, reduced uninsured rates, and improved public health. By providing health care coverage to DACA recipients, the policy would help people maintain better health, reduce uncompensated care costs, and increase economic productivity.

The states challenging this rule are Alabama, Idaho, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Virginia.