Mercer Times

Attorney General Matthew J. Platkin is spearheading a coalition of 18 jurisdictions to support a federal initiative aimed at expanding health insurance access for individuals under the Deferred Action for Childhood Arrivals (DACA) policy. DACA, established in 2012, allows certain young immigrants who arrived in the U.S. as children and have resided continuously since 2007 to avoid deportation temporarily.

In May 2024, the U.S. Department of Health and Human Services (HHS) and Centers for Medicaid and Medicare Services (CMS) issued a Final Rule broadening healthcare access for DACA recipients by permitting them to purchase health insurance through Affordable Care Act (ACA) exchanges. This rule will be effective from November 1, 2024. However, several states have challenged this decision in court, seeking to delay its implementation.

Attorney General Platkin expressed his support for the rule stating, “DACA recipients have been unjustly excluded from ACA plans for more than a decade... 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.”

The Final Rule is set to provide significant public health and economic benefits not only for DACA recipients but also for the broader community. The rule addresses regulatory inconsistencies that previously barred these individuals from accessing ACA exchanges despite being "lawfully present."

The amici states involved argue against delaying the rule's implementation, highlighting that most DACA recipients do not reside in states opposing the rule. Data indicates that DACA recipients are three times more likely to be uninsured compared to the general U.S. population, which can negatively impact public health and increase healthcare costs.

Including DACA recipients in ACA exchanges could potentially lower premiums due to larger risk pools. The amici states maintain that Congress intended "lawfully present" to encompass those temporarily allowed by DHS without removal.

New Jersey has consistently supported DACA since 2018, even during attempts by previous administrations to terminate it. In New Jersey alone, over 16,000 active DACA recipients contribute significantly both economically and socially.

This case is being managed by Assistant Section Chief Andrew Yang along with Deputy Attorneys General Amanda Morejón, Joshua Bohn, Bryce Hurst, and Viviana Hanley under Section Chief Jessica Palmer’s supervision within New Jersey's Division of Law.