Illinois Attorney General Kwame Raoul announced that Illinois, along with 13 other states, is taking steps to defend health insurance access for Deferred Action for Childhood Arrivals (DACA) recipients. This action comes as the incoming federal administration is expected to cease support for a rule from the U.S. Department of Health and Human Services (HHS) and Center for Medicaid and Medicare Services (CMS), which allows DACA recipients to access Affordable Care Act (ACA) exchanges.
"Every day, Dreamers make invaluable contributions to our schools, workplaces and communities," Raoul stated. "Granting them access to purchase health insurance through the Affordable Care Act marketplace would lead to better health outcomes for them and improved public health for everyone."
DACA was established in 2012 to provide certain young people who arrived in the United States as children with protection from deportation on a renewable two-year basis. As of September 2023, Illinois had over 28,000 DACA recipients.
In 2024, the Biden administration issued a regulation enabling DACA recipients to buy health insurance through ACA exchanges. The rule became effective on November 1, 2024. However, some states challenged this rule in court. The U.S. District Court for the District of North Dakota delayed its implementation in certain states but allowed it in others, including Illinois.
President-elect Donald Trump criticized this rule during his campaign. His previous administration did not support both DACA and ACA policies. The coalition's motion argues that since the incoming administration will not defend this rule, states have the right to intervene when federal support ceases.
The motion highlights potential harm to state public health systems and economies if the rule is overturned. It notes that DACA recipients contribute significantly in taxes and provide financial support to their families while working across various sectors including healthcare and education.
According to HHS data, DACA recipients are three times more likely than the general population to be uninsured. Uninsured populations increase overall healthcare costs and negatively impact public health.
This initiative by Raoul follows previous efforts defending affordable healthcare access for Dreamers, including filing an amicus brief last year and signing a supportive comment letter in 2023.
Alongside Illinois, Arizona, California, Colorado, Delaware, Hawaii, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Nevada, Oregon and Vermont are part of this intervention effort.