NJ Attorney General Leads Effort to Defend Healthcare Access for 'Dreamers'

DACA Recipients Can Enroll in ACA Exchanges for the First Time This Fall Under New Federal Rule

Trenton, NJ — New Jersey Attorney General Matthew J. Platkin is leading a coalition of 18 states to defend federal efforts that expand healthcare access for Deferred Action for Childhood Arrivals (DACA) recipients, also known as Dreamers. The coalition aims to support a Final Rule issued by the U.S. Department of Health and Human Services (HHS) and Centers for Medicaid and Medicare Services (CMS) that allows DACA recipients to enroll in Affordable Care Act (ACA) exchanges for the first time starting November 1, 2024.

DACA, established in 2012, permits certain young people who arrived in the United States as children to avoid deportation and work legally in the country. Despite their lawful status, DACA recipients have long been ineligible to purchase health insurance through ACA exchanges, an exclusion the new federal rule seeks to correct.

The Final Rule, issued in May 2024, expands eligibility for Medicaid and ACA exchanges to DACA recipients, acknowledging the significant contributions they make to the nation. DACA recipients contribute an estimated $6.2 billion in federal taxes and $3.3 billion in state and local taxes annually, and many play essential roles in various sectors, including healthcare, education, and the military. Despite their contributions, they are three times more likely to be uninsured than the general U.S. population, which raises healthcare costs and worsens public health outcomes.

“DACA recipients have been unjustly excluded from ACA plans for more than a decade, and I am grateful that these young people will be eligible to enroll in these health insurance plans during open enrollment season,” said Attorney General Platkin. “Not only is healthcare a human right, but it is also just plain common sense to want your friends, neighbors, students, and employees to have access to health care—which benefits not only them and their children, but the whole community. New Jersey has been proud to lead the fight defending DACA for eight years, and now we’re proud to lead this national coalition defending their health.”

In August 2024, a coalition of states filed a lawsuit in the U.S. District Court for the District of North Dakota seeking to delay the implementation of this rule, arguing against extending ACA access to Dreamers. Attorney General Platkin's coalition, in response, filed an amicus brief arguing for the immediate implementation of the rule. The brief emphasizes that expanding ACA access to DACA recipients is a matter of basic fairness and that denying this access would negatively impact public health and economic stability across the nation.

The coalition’s filing highlights that a majority of DACA recipients do not reside in states challenging the rule. Instead, two-thirds live in states like New Jersey that support expanded healthcare access. By enrolling Dreamers in ACA exchanges, states benefit from a larger and more diverse risk pool, which helps keep premiums lower for all participants.

New Jersey has consistently been a strong advocate for DACA, actively supporting the policy and challenging attempts to dismantle it during the prior presidential administration. In 2023, New Jersey led a letter of support to HHS for the rule now at the center of the lawsuit.

New Jersey is home to over 16,000 active DACA recipients, many of whom are integral members of the community. Nearly all are employed, more than 900 own their own businesses, and thousands are pursuing higher education. Furthermore, many have American citizen family members, underscoring the importance of supporting DACA recipients’ access to healthcare.

The matter is being handled in New Jersey by Assistant Section Chief Andrew Yang and Deputy Attorneys General Amanda Morejón, Joshua Bohn, Bryce Hurst, and Viviana Hanley, under the supervision of Section Chief Jessica Palmer of the Special Litigation Section within the Division of Law’s Affirmative Civil Enforcement Practice Group.

This initiative marks a crucial moment for ensuring equitable healthcare access and supporting Dreamers as they continue to contribute to the fabric of American society.