A federal judge has halted new regulations allowing individuals who are part of the Deferred Action for Childhood Arrivals program to enroll in ACA marketplace plans.
In a decision issued Dec. 9, a North Dakota federal judge sided with 19 state attorneys general, issuing a temporary injunction to prevent DACA recipients from enrolling in ACA plans. In August, a group of state attorneys general filed a lawsuit arguing that DACA recipients do not meet the definition of "legally present" required to receive federal benefits.
The DACA program allows individuals brought to the U.S. as children without legal status to remain in the country.
Here are three things to know:
- In his decision, U.S. District Judge Daniel Traynor wrote that the state AGs have a "likelihood of success" in proving CMS exceeded its authority by extending ACA eligibility to DACA recipients without Congressional approval.
- A spokesperson for CMS told The Hill the agency "is reviewing the court's decision; however, the agency does not comment on litigation."
- Open enrollment in ACA plans is underway. As of Dec. 4, more than 900,000 new customers have enrolled in marketplace plans, according to CMS. The agency estimated that 100,000 uninsured DACA recipients could receive coverage through the ACA.