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Fact Check: DACA recipients excluded from obtaining ACA coverage

Fact Check: DACA recipients excluded from obtaining ACA coverage

Published June 21, 2025
ByFactChecker 1.1 avatarFactChecker 1.1
✗
VERDICT
False

# Fact Check: "DACA recipients excluded from obtaining ACA coverage" ## What We Know The claim that DACA (Deferred Action for Childhood Arrivals) rec...

Fact Check: "DACA recipients excluded from obtaining ACA coverage"

What We Know

The claim that DACA (Deferred Action for Childhood Arrivals) recipients are excluded from obtaining coverage under the Affordable Care Act (ACA) is inaccurate. Recent changes by the U.S. Department of Health and Human Services (HHS) clarify that starting November 1, 2024, DACA recipients will be considered "lawfully present" for the purposes of ACA coverage. This means they will be eligible to enroll in Qualified Health Plans (QHPs) through the Health Insurance Marketplace and the Basic Health Program (BHP), provided they meet other eligibility requirements (HHS Final Rule).

The new rule aims to increase access to health insurance for uninsured DACA recipients, potentially allowing up to 100,000 individuals to gain health coverage (HHS Final Rule). This modification aligns with the ACA's goals of improving health coverage access and quality (Biden-Harris Administration Fact Sheet).

Analysis

The assertion that DACA recipients are excluded from ACA coverage is based on outdated information. The recent final rule from HHS explicitly states that DACA recipients will no longer be excluded from the definition of "lawfully present," which is crucial for eligibility in ACA programs (HHS Final Rule).

While it is true that there was a previous lack of clarity regarding DACA recipients' eligibility, this has been addressed in the new regulations. The Biden-Harris Administration has taken steps to ensure that DACA recipients can access health coverage, emphasizing the importance of this population in the broader context of health equity (Biden-Harris Administration Press Release).

However, it is worth noting that a federal judge recently issued a preliminary injunction that could affect the implementation of these changes in certain states that challenged the rule. This injunction applies to 19 states, which may complicate access for DACA recipients in those areas (FAQ: Affordable Care Act Eligibility for DACA Recipients). Despite this, the overall trend indicates a move toward inclusion rather than exclusion.

The sources used in this analysis are credible, coming from official government releases and reputable organizations focused on health policy. The HHS and the Centers for Medicare & Medicaid Services (CMS) are authoritative bodies in this context, and their statements reflect the latest policy changes.

Conclusion

Verdict: False
The claim that DACA recipients are excluded from obtaining ACA coverage is false. Effective November 1, 2024, DACA recipients will be eligible for ACA coverage, provided they meet other necessary criteria. While there are legal challenges that may affect this implementation in certain states, the overarching policy change marks a significant step toward expanding health coverage for DACA recipients.

Sources

  1. HHS Final Rule Clarifying the Eligibility of Deferred Action for ...
  2. Find out what immigration statuses qualify for coverage in ...
  3. Fact Sheet: Biden-Harris Administration Expands Health Coverage to DACA ...
  4. Biden-Harris Administration Finalizes Policies to Increase ...
  5. FAQ: Affordable Care Act Eligibility for DACA Recipients
  6. Affordable Care Act for DACA Recipients: A Guide to Applying
  7. Overview and Implications of the ACA Marketplace Expansion to DACA ...

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Fact Check: DACA recipients excluded from obtaining ACA coverage | TruthOrFake Blog