President Biden Announces Plan to Extend Health Coverage for DACA Recipients
Alexandra Fuxa • May 25, 2023
Last week, the Biden-Harris Administration announced it plans to extend health care coverage for DACA recipients. Shortly, the Department of Health and Human Services will be proposing a rule amending the definition of “lawful presence” for purposes of Medicaid and Affordable Care Act Coverage to include DACA recipients. The proposed rule is expected to go live by the end of this month – so keep your eyes peeled for its announcement!
Under the proposed rule, DACA recipients will be able to apply for coverage through the Health Insurance Marketplace, where they might qualify for financial assistance based on income, and through their state’s Medicaid agency.
Under the Affordable Care Act (ACA), states were authorized to expand Medicaid to many low-income individuals under the age of 65 who were previously ineligible for coverage. The ACA established a new income eligibility limit of 138% of the federal poverty level. Currently, in the state of California, an immigrant who meets all eligibility requirements for Medi-Cal but is not in a satisfactory immigration status, will not qualify for full scope Medi-Cal but is entitled to emergency and pregnancy-related services and, when needed, state-funded long-term care.
While we wait for Congress to act, below are some Federal programs. Opportunities, and resources available to DACA recipients:
- Emergency Medicaid: This program pays for emergency medical treatment for people who meet Medicaid eligibility requirements in their state, but do not meet Medicaid’s citizenship and immigration status requirements.
- Mother to Baby: This HRSA-funded program provides expert, confidential, and no-cost information about the impact of medications, drugs, or other exposures during pregnancy and breastfeeding. Their services are provided in English and Spanish.
- Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): WIC provides pregnant, postpartum, and breastfeeding individuals, as well as infants and children under 5 years old, with food, nutrition and breastfeeding education, and referrals to health and social services.
- FHA Financing: FHA programs insure private loans made by FHA-approved lenders and FHA-backed loans can help reduce down payments for a home or condominium.
- American Job Centers: These organizations help job seekers obtain employment and training to further their careers. American Job Centers provide counseling, skill and ability assessments, and advice on in-demand jobs and potential training opportunities. DACA recipients with a valid work authorization may have access to the programs offered by American Job Centers.
- Job Corps: This is a no-cost education and vocational training program administered by the US Department of Labor, which empowers individuals ages 16-24 to secure good jobs and become independent. Job Corp students have access to room and board while they learn skills in specific training areas.
If you have any questions about your eligibility for certain programs as a DACA recipient, it is highly recommended you reach out to a reputable immigration attorney.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

Under the new regulation, if a person filed or files Form I-589, Application for Asylum and for Withholding of Removal after October 1, 2024, and the application remains pending with USCIS for 365 days, the applicant must pay an Annual Asylum Fee (AAF) on the one-year anniversary of his or her filing date.

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