Request to Restore ACA Access for DACA Recipients during COVID-19

The 284 undersigned national, state, and local organizations in the areas of immigration, health, civil rights, human rights, labor, faith, and education respectfully request that you direct the U.S. Department of Health and Human Services (HHS) to restore access to benefits under the Patient Protection and Affordable Care Act (ACA) for Deferred Action for Childhood Arrivals (DACA) recipients in light of the COVID-19 pandemic. Access to COVID-19 testing and treatment for DACA recipients and their U.S. citizen children is absolutely critical during this pandemic, particularly for the 27,000 DACA recipients employed as healthcare practitioners and supporting occupations on the front lines of responding to COVID-19. Specifically, we request 1 that you direct HHS to issue a Notice of Proposed Rule Making (NPRM) that would repeal 45 C.F.R. § 152.2(8), which excludes DACA recipients from the definition of “lawfully present” and, consequently, benefits under the ACA. As a result of the regulation, DACA recipients cannot: (a) 2 generally obtain comprehensive health insurance under Medicaid or CHIP in their state; (b) purchase health insurance in the ACA’s health insurance marketplace, even at full cost using their own funds; and (c) obtain federal tax credits to make private health insurance affordable (even though DACA recipients still file and pay federal taxes) in the marketplace.