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Friday, January 17, 2025

California files legal action defending healthcare access for dreamers

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Attorney General Rob Bonta | Facebook Website

Attorney General Rob Bonta | Facebook Website

California Attorney General Rob Bonta has filed a motion to intervene in defense of a rule that expands healthcare access for Deferred Action for Childhood Arrivals (DACA) recipients, commonly known as Dreamers. This action, taken as part of a multistate coalition, aims to ensure these individuals remain eligible to participate in the Affordable Care Act's insurance marketplace.

The rule in question allows approximately 40,000 uninsured Dreamers in California to obtain subsidized health coverage through Covered California. Nearly 2,000 formerly uninsured DACA recipients in the state have already secured coverage under this rule.

Attorney General Bonta stated, "At California DOJ, we are committed to ensuring that every Californian has access to high-quality and affordable healthcare, regardless of their immigration status." He emphasized the importance of supporting immigrant communities amid anticipated changes with the incoming Trump Administration.

Dreamers, who arrived in the United States as children and often know no other home country, contribute significantly to federal and state taxes. In California alone, around 150,000 Dreamers pay over $2.1 billion in federal taxes and $1 billion in state and local taxes annually.

The Centers for Medicare and Medicaid Services' final rule redefines "lawfully present" individuals under the ACA. This change permits Dreamers and other immigrants with work authorizations to enroll in health insurance through ACA exchanges like Covered California. Previously, DACA beneficiaries were excluded from enrolling via these exchanges.

President-elect Trump criticized this rule during his campaign and previously attempted to rescind both DACA and ACA during his prior administration. Those efforts were blocked by litigation involving the California Department of Justice among others.

Bonta's motion is part of broader efforts by his office to protect Dreamers. In June 2023, he supported a proposed rule through comments as part of a multistate coalition; by October 2024 he had filed an amicus brief defending it as lawful under ACA expansions. Additionally, Bonta co-led opposition against an effort led by Texas aimed at ending DACA altogether.

Joining Attorney General Bonta are attorneys general from New Jersey, Arizona, Colorado, Delaware, Hawaii, Illinois Maryland Michigan Minnesota New Mexico Nevada Oregon Vermont among others.

A copy of the motion is available online.

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