Patient Groups Urge Court of Appeals to Allow Critical Access to Affordable Health Insurance for DACA Recipients in 19 States

Today, patient groups representing millions of individuals with serious diseases and health conditions submitted an amicus curiae (friend of the court) brief urging the U.S. Court of Appeals for the Eighth Circuit to uphold insurance coverage eligibility to Deferred Action for Childhood Arrivals (DACA) recipients, as permitted by the Department of Health and Human Services (HHS) Final Rule issued in May 2024.

In December 2024, the Eighth Circuit lifted a temporary stay of the preliminary injunction in the case of Kansas v. United States, which was issued following an appeal filed by the Centers for Medicare and Medicaid Services (CMS). As a result, DACA recipients are not able to enroll in Affordable Care Act (ACA) Marketplace plans in the 19 plaintiff states involved in the lawsuit.

The groups on the brief, including the American Cancer Society Cancer Action Network, the American Lung Association, Epilepsy Foundation of America, the Leukemia & Lymphoma Society and the Muscular Dystrophy Association, issued the following statement on today’s filing:   

“Access to affordable and comprehensive health insurance coverage strengthens public health by ensuring people are able to prevent, detect, treat and survive serious diseases and health conditions.

“Since the ACA’s implementation, nearly 50 million people have gained coverage, slashing the rate of uninsured individuals to historic lows. However, approximately 34% of DACA recipients lack health insurance coverage even though they work and pay taxes that support the ACA. Before the injunction, the Final Rule was estimated to allow approximately 100,000 DACA recipients to get health insurance through ACA marketplaces. 

“Expanding coverage to DACA recipients makes our health system stronger and benefits everyone by lowering uncompensated care costs, reducing the number of individuals who rely on expensive emergency services and contributing to insurance pools with a population that is, on average, younger and healthier. Therefore, we urge the Court of Appeals to uphold granting DACA recipients critical access to affordable health insurance coverage and the peace of mind it provides.”

The organizations are represented on a pro bono basis by the law firm of Wilentz, Goldman & Spitzer.