TRENTON, N.J. — Attorney General Matthew J. Platkin is spearheading a coalition of 18 jurisdictions in support of a federal effort to expand health insurance access to Deferred Action for Childhood Arrivals (DACA) recipients.
The U.S. Department of Health and Human Services (HHS) and the Centers for Medicaid and Medicare Services (CMS) issued a Final Rule in May 2024 that extends eligibility for DACA recipients to purchase health insurance through the Affordable Care Act (ACA) exchanges. The rule is set to take effect on November 1, 2024.
“DACA recipients have been unjustly excluded from ACA plans for more than a decade, and I am grateful that these young people will be eligible to enroll in these health insurance plans,” said Attorney General Platkin. “Not only is healthcare a human right, but it is also just plain common sense to want your friends, neighbors, students, and employees to have access to health care.”
The Final Rule addresses a regulatory gap that previously excluded DACA recipients, commonly known as Dreamers, from accessing ACA exchanges, despite being “lawfully present” in the U.S., a status that historically included those granted deferred action. Under the new rule, DACA recipients will be eligible to purchase ACA health plans and access Medicaid.
A coalition of states filed a lawsuit in August 2024 to block the rule, claiming it should be delayed. In response, Platkin and other attorneys general filed an amicus brief urging the U.S. District Court for the District of North Dakota to uphold the rule, arguing that delaying its implementation would harm both DACA recipients and the broader community.
Data from the Final Rule shows that DACA recipients are three times more likely to be uninsured than the general population. Supporters of the rule argue that increasing access to health insurance for DACA recipients would improve public health outcomes, reduce healthcare costs, and benefit state economies. DACA recipients contribute an estimated $6.2 billion in federal taxes and $3.3 billion in state and local taxes annually.
New Jersey, home to over 16,000 active DACA recipients, has been a leader in defending the policy, particularly during attempts to end it in previous years. The state is actively supporting the Final Rule to ensure more equitable healthcare opportunities for DACA recipients nationwide.
