Advocates and lawmakers want an Obamacare marketing plan for DACA recipients

Immigration advocates are asking the Biden administration to take extra steps to make sure immigrants with Deferred Action for Childhood Arrivals, or DACA, know they are eligible to buy Affordable Care Act Insurance.

The Biden administration opened the way for DACA recipients to buy into ACA health plans through a federal regulation that went into effect in May. Like everyone else, DACA recipients can begin enrolling for the subsidized private coverage on Nov. 1.

But Juliana Macedo do Nascimento, deputy director of federal advocacy at United We Dream, an immigration advocacy group, said if DACA recipients are to benefit, then Health and Human Services needs to help get the word out.

“HHS, in conversations that they’ve had with advocates, they’ve said they weren’t going to allocate resources to really advertise this and specifically target DACA recipients,” Macedo do Nascimento told NBC News.

HHS did not provide comment when reached.

The agency estimates about 100,000 immigrants protected by DACA will be eligible to enroll in a health plan through the ACA marketplace. Nearly 600,000 young adult immigrants have permission to work or study here and are protected from deportation through DACA, a program created under President Barack Obama.

Rep. Joaquín Castro of Texas and Sen. Cory Booker of New Jersey, both Democrats, urged HHS in a letter this week, signed by 86 additional House and Senate members, to invest in outreach and assistance for eligible DACA members.

“Given this unique and time-sensitive opportunity, it is imperative that DACA recipients know of this opportunity, are informed about their eligibility, and are able to navigate the registration process so that they can take full advantage of their new access to medical care,” the letter states.

The period for DACA recipients to enroll begins just days before the Nov. 5 presidential election and ends Jan. 15, 2025, less than a week before the next presidential inauguration.

But the future of DACA itself is uncertain. The 5th U.S. Circuit Court of Appeals is considering a Republican challenge to the legality of the program. If the court upholds a lower court decision that DACA is in violation of the law, the case could then go to the Supreme Court. Oral arguments have not yet been held in the 5th Circuit.

Advocates are hoping DACA recipients' insurance coverage outlasts any contrary decision.

“As undocumented people, there's always that concern of going to the hospital or something like that,” Macedo do Nascimento said.

With the threat of DACA ending, “there's a short time for anyone to benefit,” she said. “The threat has become apparent to us because the case in the 5th Circuit Court. It has taken so long to set up a hearing. We think they may issue a decision without oral arguments. Access to health care shouldn’t rely on whether we have DACA.”

Enrollment in the ACA marketplace for this year hit a record high 21 million, including 5.2 million first-time enrollees, according to the KFF, a health policy and research organization.

HHS has touted that after increasing ACA outreach and education and implementing tax breaks through the American Rescue Plan, Black and Latino coverage through ACA marketplace plans spiked.

During the Trump administration, HHS cut spending on outreach and enrollment activities for ACA coverage.

Macedo do Nascimento said United We Dream has begun its own promotions and marketing to DACA recipients and will do more as the open enrollment date nears.

Though some 80% of DACA recipients are employed, more than 25% of DACA recipients are estimated to lack health insurance.

A DACA recipient, Macedo do Nascimento said even though she has insurance through her job at UWD, “knowing I have access to the ACA gives me a kind of freedom to maybe change jobs, or if I didn’t have a job anymore, then I at least could have health care.”