Defending Dreamers’ Access to Health Care Services

The State of Kansas and 18 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 (or “dreamers”) to access health insurance through the Affordable Care Act (ACA). DACA was implemented in 2012 to protect eligible individuals brought to the U.S. as children from deportation. The CMS rule allows 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. ACS CAN and other patient groups filed an amicus brief in the district court arguing that expanding healthcare coverage to DACA recipients aligns with the core goals of the ACA, and providing scientific data demonstrating that the ACA has successfully expanded access to affordable health care, reduced in uninsured rates, and improved health outcomes. Read the press release. Unfortunately, in December of 2024, a district court judge ruled in favor of plaintiff states and issued a preliminary injunction against the new rule being implemented in the plaintiff states: Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas and Virginia.