Request to Restore ACA Access for DACA Recipients in Light of COVID-19

The 320 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 202,500 DACA recipients employed as essential workers on the frontlines of COVID-19 to keep our country healthy and running. Specifically, we request that HHS issue a 1 Notice of Proposed Rule Making (NPRM) with a 30-day comment period 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. Issuing this NPRM within the first 100 days of the 2 administration is critical, for any additional delay in healthcare access during the COVID-19 pandemic puts the health of DACA recipients, their families, and the wider community at risk. 3 President Biden has also made a commitment to expand access to the ACA for undocumented immigrants, including DACA recipients, and rescinding this harmful regulation will help deliver on that promise.