ATTORNEY GENERAL RAOUL TAKES ACTION TO PROTECT AFFORDABLE CARE ACT ACCESS FOR DACA RECIPIENTS

ATTORNEY GENERAL RAOUL TAKES ACTION TO PROTECT AFFORDABLE CARE ACT ACCESS FOR DACA RECIPIENTS

January 15, 2025

Illinois and 13 States Intervene to Defend Access to Health Care as Incoming Administration Expected to Withdraw Support of Federal Rule

Chicago - Attorney General Kwame Raoul today announced that Illinois is joining with 13 other states to defend health insurance access for Deferred Action for Childhood Arrivals (DACA) recipients from court challenges.

Raoul and the coalition filed a motion to intervene as the incoming federal administration is expected to halt federal efforts to legally defend a U.S. Department of Health and Human Services (HHS) and Center for Medicaid and Medicare Services (CMS) rule granting DACA recipients, commonly referred to as Dreamers, access to Affordable Care Act (ACA) exchanges.

"Every day, Dreamers make invaluable contributions to our schools, workplaces and communities," Raoul said. "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."

Established in 2012, DACA enables certain young people, who came to the United States as children and have lived here continuously since 2007, to avoid immediate fear of deportation for revocable two-year periods. As of September 2023, more than 28,000 DACA recipients resided in Illinois.

Last year, the Biden administration issued a regulation that expands health care access to DACA recipients by making them eligible to purchase health insurance through ACA exchanges. The rule took effect on Nov. 1, 2024, providing crucial public health and economic benefits not only for DACA recipients, who have been in the United States since at least 2007, but also for the wider community.

A group of states sued HHS and CMS in the U.S. District Court for the District of North Dakota in August 2024 and asked the court to delay implementation of the rule, pending judicial review. The district court prevented implementation in some states but left the rule in place in most states, including Illinois.

President-elect Donald Trump criticized the rule during his 2024 campaign, and his previous administration declined to defend both DACA and the ACA. The states' motion explains that, because the incoming federal administration has stated and demonstrated it will not defend the rule, the states have a right to step in when the federal government will stop defending this critical policy and when repeal of the rule would affect state resources.

The motion also describes the many ways states' public health systems and economies will be harmed if a court eliminates the rule. Separate regulations establish that individual DACA recipients may work lawfully in the country. By securing work authorization, DACA recipients contribute an estimated $6.2 billion in federal taxes and $3.3 billion in state and local taxes each year. They also provide critical financial support to their families, including their over 250,000 U.S.-citizen children. They are employed by companies, nonprofit organizations, and government agencies and institutions. They work in crucial roles in the medical profession and the U.S. military, are enrolled in public and private universities, and have even started their own businesses that employ other residents, including U.S. citizens.

According to HHS, DACA recipients are three times more likely to be uninsured than the general U.S. population. Uninsured populations drive up health care costs overall and worsen public health, resulting in increased premature deaths, uncompensated care costs, increased medical debt, reduced spending power, lost productivity, and absenteeism from work and school. States that operate their own exchanges, including Illinois, can also benefit from DACA recipients participating in their exchanges because larger and more diverse pools may keep premiums lower for everyone.

This is the most recent action Raoul has taken to defend access to affordable health care for Dreamers. Last year, Raoul and a coalition of attorneys general filed an amicus brief defending the rule, and he also signed a 2023 comment letter to HHS in support of the rule.

In addition to Illinois, other jurisdictions joining today's filing include Arizona, California, Colorado, Delaware, Hawaii, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Nevada, Oregon and Vermont.