A Judicial Official in the Federal Arena Hinders Health Insurance Availability for Young Migrants in a Republican-Directed Lawsuit
Life will continue to be challenging for America's Dreamers as a federal judge's recent decision temporarily halts a Biden administration policy that would have permitted numerous young adult immigrants to procure insurance through the Affordable Care Act's public marketplace.
On Monday, Judge Daniel Traynor of the U.S. District Court in North Dakota made this ruling, acting as part of an ongoing lawsuit filed against the policy by Republican attorney generals from 19 states. This blockage will persist until the case reaches trial, representing another setback for immigrants eligible for the Deferred Action for Childhood Arrivals (DACA) program, whose residency in the U.S. might face additional threats upon President-elect Trump's second term commencement next year.
In May, the Biden administration implemented a fresh rule allowing DACA members and specific other groups of young immigrants to apply for Medicaid and the Affordable Care Act’s health insurance exchanges—a rule forecasted to affect more than 140,000 individuals living in the U.S. However, many Republican legislators and officials swiftly criticized the policy as an overreach by the executive branch. In August, a coalition of attorney generals, led by those from Kansas and North Dakota, initiated a lawsuit against the federal government over this rule. Despite the ongoing lawsuit, Traynor's preliminary injunction will hinder eligible immigrants in these 19 states from obtaining insurance via the ACA for now. This decision has frustrated many immigration advocates, with Traynor himself being appointed to his current seat by Trump during his first term.
"Judge Traynor's ruling is both disheartening and legally incorrect. Although we are assessing the court's decision to determine the next steps for this case, we will continue to advocate on behalf of our clients and hundreds of thousands of DACA recipients who have been waiting over a decade to access essential care under the Affordable Care Act," stated Nicholas Espíritu, deputy legal director of the National Immigration Law Center, in a statement issued on Monday by the organization.
Young immigrants who qualify for DACA are individuals who were brought to the U.S. as children but have since developed no major issues (one primary requirement for DACA enrollment is having no felonies or serious misdemeanors on record). These DACA-eligible immigrants, often referred to as Dreamers, are named after the DREAM Act—a 2007 legislative proposal that aimed at providing a pathway to permanent legal residency. Despite numerous attempts, the act has yet to become law. President Obama initiated the DACA program in 2012 via executive order as a temporary solution, granting some Dreamers the opportunity to live and apply for work permits without the fear of deportation.
However, unlike the DREAM Act, DACA does not offer a pathway to legal residency, and its members must renew their protected status every two years. Most young immigrants are not protected by DACA (according to the National Immigration Forum, only 530,000 Dreamers out of 3.5 million are currently enrolled in the program), and DACA members continue to encounter numerous disadvantages compared to other citizens. One such disadvantage is health coverage, with DACA members more prone to having no insurance at all, and the Biden administration's rule was intended to help address this gap.
Notwithstanding this recent legal challenge, however, the future of DACA and Dreamer immigrants remains precarious, especially with Trump's second term approaching. Trump previously sought to dismantle the DACA program during his first term, although he was eventually rebuked by the U.S. Supreme Court. However, the Supreme Court avoided ruling on the program's legal validity itself. And there are already various lawsuits winding their way through lower courts that may bring the issue back before the Supreme Court. Given that the Court has shifted further right since then, the status of DACA remains uncertain.
The Biden administration's policy aimed to bridge the health coverage gap for Dreamers by allowing them to apply for Medicaid and the Affordable Care Act's health insurance exchanges, leveraging advancements in technology and scientific research to improve the overall health of these individuals. Regrettably, this progress in ensuring affordable healthcare for DACA recipients has been temporarily halted due to the recent court ruling.
As we move towards the future, the future of DACA and Dreamer immigrants continues to be uncertain, with the potential for legal challenges and policy shifts affecting their access to essential services like healthcare, given the ongoing political climate and shifting judicial landscape.
