Attorney General Mayes has announced that Arizona, along with 13 other states, is taking action to defend health insurance access for Dreamers against legal challenges. This move comes as the incoming Trump Administration is expected to cease defending a U.S. Department of Health and Human Services (HHS) and Center for Medicaid and Medicare Services’ (CMS) Final Rule. The rule allows Deferred Action for Childhood Arrivals (DACA) recipients to access Affordable Care Act (ACA) exchanges.
"The incoming administration’s apparent decision to abandon the defense of this rule is not just wrong—it’s harmful," said Attorney General Mayes. "Arizona will not stand by while an essential lifeline for thousands is stripped away."
DACA, established in 2012, allows certain young individuals who arrived in the United States as children to avoid deportation temporarily. In 2024, the Biden Administration expanded healthcare access for DACA recipients by enabling them to purchase insurance through ACA exchanges. However, a coalition led by Kansas challenged this rule in court.
The district court halted implementation in some states but allowed it in others, including Arizona. The Final Rule took effect on November 1, 2024, offering public health and economic benefits to DACA recipients and their communities.
President-elect Trump criticized the rule during his campaign and previously declined to defend both DACA and ACA policies. The states argue they have a right to defend this policy where the federal government will not.
The motion highlights potential harm if the rule is overturned. DACA recipients contribute significantly in taxes and support their families financially. They work across various sectors, including healthcare and military service, yet have historically lacked ACA exchange access despite being "lawfully present."
Data indicates that DACA recipients are more likely uninsured than the general population, which increases healthcare costs and affects public health negatively. Expanding insurance access under the Final Rule aims to address these issues.
States joining Arizona include New Jersey, California, Colorado, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, New Mexico, Nevada, Oregon, and Vermont.