Courts Measure Protection and Access to Health Care for DACA Recipients

The Deferred Action for Childhood Arrivals (DACA) program continues to be under attack despite more than a decade of success — helping immigrants who arrived in the US as children graduate from high school, attend college, and start families and their jobs here. . There are more than 500,000 DACA recipients (and many more who would be eligible but for court actions limiting new applications and stricter entry date requirements that have not been updated), many of whom are are adults today.

Unfortunately, they and many others find themselves continuing to live within the law. There are several important court hearings taking place this month in two separate cases related to DACA. But before we get into the details of those cases, let’s review where we’ve been, because you’re probably thinking, wait a minute… did the Supreme Court already rule on DACA a few years ago?

The short answer is yes and no. In 2020, the Supreme Court ruled in Department of Homeland Security v Regents of the University of California which had the effect of keeping DACA in place, although the ruling itself was limited to a procedural review. In other words, the SCOTUS decision held that the Trump Administration’s attempt to end DACA violated federal regulatory requirements. SCOTUS has not ruled on the legality of the DACA policy itself.

What are the DACA-related cases now?

Firstly, Texas v United Statesit started back in 2021 when Texas, along with a few other states, sued the federal government that the DACA policy was illegal and harmful to the states. The Southern District of Texas court sided with the states and prevented the federal government from processing new DACA applications while allowing current DACA recipients to keep their protections. The Biden administration appealed the district court’s decision, and in the meantime, enacted the DACA policy into law.

The Fifth Circuit Court of Appeals ordered the district court to review the case pursuant to procedural law. Unsurprisingly, the district court ruled that DACA was illegal a second time, and the Biden Administration appealed again. After reviewing legal briefs filed by both sides earlier this year, the Fifth Circuit Court of Appeals will hear oral arguments in the case today. A decision is likely to follow within a few months. Depending on the outcome of this case – and the outcome of next month’s Presidential election – either side could ask the Supreme Court to weigh in sometime next year.

The second case related to DACA, Kansas v United Statesfocused on access to Affordable Care Act Marketplace coverage. Earlier this year, the Biden Administration finalized legislation that would allow DACA recipients to receive Marketplace coverage beginning with open enrollment on November 1, 2024. At the time of the final rule, CMS estimated that people About 100,000 DACA ineligibles will receive health insurance coverage as well. the result. Kansas, along with 18 other states, filed a lawsuit, claiming that allowing DACA recipients to purchase Marketplace coverage violates the Administrative Procedure Act.

The plaintiffs are seeking a preliminary injunction, and the North Dakota District Court will hear oral arguments on the preliminary injunction on October 15, 2024. If granted, the preliminary injunction would bar all providers with DACA assistance to purchase Marketplace coverage while the case is pending. its way through the courts. If the past is any indication, that process could take years, leaving people without insurance for now.

All of these actions — attacking the DACA policy itself and making it harder for DACA recipients to get health coverage — are against public opinion. In fact, most Americans support granting legal status to all immigrants, including those who arrived in the US as children. Only Congress can create a path to citizenship, but past attempts have failed. Figure 119^th Congress finds a way forward?