Delaware, New Jersey, and 12 other states have united to defend health insurance access for Dreamers against court challenges. Attorney General Kathy Jennings announced the coalition's intention to intervene as the incoming Trump Administration is expected to cease federal defense of a regulation allowing Deferred Action for Childhood Arrivals (DACA) recipients access to Affordable Care Act exchanges. The legal challenge was initiated by Kansas.
"Dreamers are Americans," stated Attorney General Jennings. "They grew up with us. We know them from our workplaces, our houses of worship, and our neighborhoods. They are veterans, public servants, medical workers, and entrepreneurs. They deserve as much dignity and opportunity as everyone — including access to health care. That’s why we’re stepping in to support them."
DACA was established in 2012, permitting certain young individuals who arrived in the U.S. as children and have resided continuously since 2007 to avoid deportation temporarily. Regulations also allow these individuals lawful employment in the country.
In 2024, the Biden Administration issued a regulation expanding healthcare access for Dreamers by making them eligible for ACA exchanges. Previously excluded from these exchanges despite Congress extending access to all "lawfully present" individuals in the U.S., this Final Rule aimed to resolve such discrepancies.
The rule took effect on November 1 but faced legal challenges when Kansas and other states filed a lawsuit in August 2024 in the U.S. District Court for North Dakota seeking its delay pending judicial review. While implementation was blocked in some states by the District Court, it remains effective elsewhere, including Delaware.
The ruling is currently under appeal at the U.S. Court of Appeals for the 8th Circuit. With plans by the incoming Trump Administration not to defend this rule legally, Delaware and its allied states are taking action.
States argue that removing this rule would cause harm since Dreamers contribute significantly through taxes—$6.2 billion federally and $3.3 billion at state/local levels annually—and provide financial support critical to their families, including approximately 250,000 U.S.-citizen children. However, they face higher uninsured rates than average Americans which poses risks while increasing overall healthcare costs.
Joining Delaware and New Jersey are Arizona; California; Colorado; Hawaii; Illinois; Maryland; Michigan; Minnesota; New Mexico; Nevada; Oregon; Vermont among others involved today’s filing effort.