Biden Finalizes Rule Opening Up Obamacare To Daca Recipients

President Joe Biden on Friday announced a final rule that will open up Obamacare plans to tens of thousands of immigrants who came to the United States as children but do not qualify for government health insurance because they lack legal status.

Federal health officials estimate that roughly 100,000 people enrolled in the Deferred Action for Childhood Arrivals program will sign up for subsidized plans through the health insurance marketplace over the next year under the rule, which the Biden administration proposed last year.

The announcement comes as Biden continues to make health care and his defense of the Affordable Care Act a centerpiece of his reelection campaign.

“We are committed to making health coverage accessible for all Americans, including DACA recipients, Dreamers, who have worked hard to live the American dream,” said Health and Human Services Secretary Xavier Becerra.

It comes as federal health officials have pushed out a flurry of rules in recent weeks as the administration closes in on a deadline under the Congressional Review Act, which allows lawmakers to overturn recently finalized rules.

Still, the 100,000 people expected to take advantage of the rule change are only a fraction of the half million people the Biden administration had initially hoped to help. That’s because the administration is not finalizing a second portion of the rule that would have opened up state Medicaid programs to DACA recipients, though senior administration officials said health officials are continuing to consider Medicaid-related issues.

Individuals who would have qualified for Medicaid based on their income level will instead be eligible for marketplace subsidies under the rule change.

Specifically, the rule amends the definition of “lawfully present” to include DACA recipients, also known as Dreamers, for purposes of qualifying for marketplace subsidies. It will also allow DACA recipients in Minnesota, New York and, soon, Oregon to enroll in their state’s basic health program, another coverage option established under the Affordable Care Act for people who make too much money to qualify for Medicaid but find Obamacare plans too expensive.

The new rule is set to take effect at the beginning of the annual Obamacare open enrollment period, which starts Nov. 1. Federal health officials had aimed to finalize the rule in time for last year’s open enrollment period.

President Barack Obama created the DACA program in 2012, shielding immigrants brought to the U.S. as children from deportation and allowing them to work legally in the United States. But DACA recipients have continued to lack access to key federal programs and benefits, such as health care coverage, because they lack permanent legal status.

Biden has focused on using his executive powers to protect and extend benefits to Dreamers, in stark contrast to Trump, who attempted to dismantle the DACA program during his time in office.