Attorney General Dan Rayfield Takes Action to Protect Affordable Care Act Access for DACA Recipients

Oregon and 13 Other States Intervene to Defend Access to Healthcare From Court Challenge

Attorney General Dan Rayfield today announced that Oregon and 13 other states are joining together to defend health insurance access for Dreamers.

Last year, the Biden Administration issued a rule that expands healthcare access to Deferred Action for Childhood Arrivals (DACA) recipients - commonly referred to as Dreamers. A coalition of states led by Kansas challenged the rule, and the incoming federal administration is expected to halt federal efforts to legally defend it.

Today's motion to intervene explains how Oregon and other states will be harmed if a court eliminates the rule granting Dreamers' access to the ACA. It also establishes the states' right to step in where the federal government fails to defend this policy.

"Oregon has long been a national leader in our work to expand access to health care," Attorney General Rayfield said. "Today's motion is an important step to protect our advancements and safeguarding the health and wellbeing of all Oregonians."

DACA, established by President Barack Obama in 2012, enables certain young people to avoid immediate fear of deportation if they were brought to the United States as children, have lived here continuously since 2007, and meet other requirements.

Until last year, DACA recipients were not able to enroll in health care plans through the Affordable Care Act (ACA). On November 1, 2024, the new rule went into effect, allowing DACA recipients to apply for coverage through HealthCare.gov and state-based marketplaces for the first time, providing crucial public health and economic benefits not only for DACA recipients, but also for the wider community.

The lawsuit challenging the rule, filed in the U.S. District Court for the District of North Dakota in August 2024, asked the court to delay implementation and ultimately eliminate Dreamers' access to the ACA. The district court prevented implementation in some states but left the rule in place in most states - including Oregon.

DACA recipients contribute an estimated $6.2 billion in federal taxes and $3.3 billion in State and local taxes each year and 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, work in crucial roles in the medical profession and the U.S. military, are enrolled in public and private universities, and have started their own businesses that employ other residents, including U.S. citizens.

In addition to the benefits of reducing the rate of uninsured populations, states that operate their own exchanges - like Oregon - can also benefit from including DACA recipients in their exchanges because larger risk pools may keep premiums lower for everyone.

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