Republican and Democratic AGs Air Conflicting Viewpoints on DACA Recipient Healthcare Eligibility

  • A group of 19 Democratic AGs submitted a comment letter to HHS in support of a proposed rulemaking that would allow Deferred Action for Childhood Arrivals (DACA) recipients to qualify for federal health programs.
  • In the letter, the Democratic AGs assert that the proposed rule would remedy a discrepancy in the current regulatory scheme under which DACA recipients are the only deferred action recipients not eligible to enroll in and receive subsidies for healthcare plans on the Affordable Care Act (ACA) exchanges or to enroll in Medicaid or the Children’s Health Insurance Program.
  • Separately, a group of 17 Republican AGs sent a comment letter to HHS criticizing the proposed rulemaking. The Republican AGs’ letter argues that the proposal violates federal law because the ACA requires individuals who are not citizens to be “lawfully present” in the U.S. in order to enroll in a Qualified Health Plan through a subsidized exchange, and DACA recipients should not be considered “lawfully present.”