Affordable Care Act for DACA Recipients: A Guide to Applying

As of November 1, 2024, DACA recipients are considered “lawfully present” for ACA purposes. This means that apart from the 19 states implicated in the KS v. U.S. lawsuit, DACA recipients who do not have other options for affordable health coverage are eligible for Affordable Care Act coverage. Please see our map below to find out whether DACA recipients are eligible in your state.

• Marketplace health plans through HealthCare.gov or their state’s enrollment website.
• Income-based subsidies that may lower the cost of premiums and out-of-pocket expenses like deductibles, copays, and coinsurance.

This policy did not change DACA recipients’ eligibility for federal Medicaid. In some states, they may be eligible for state-run health insurance programs. Anyone who has been previously eligible for ACA or Medicaid coverage remains eligible.

For more information, see our Frequently Asked Questions.

ACA recipients in Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Virginia are blocked by court ruling for enrolling in ACA coverage. DACA recipients in those states should not attest to being lawfully present on an application for ACA coverage. The Center for Medicare and Medicaid Services has cancelled the coverage of any affected person who enrolled prior to the lawsuit. Those impacted will receive further information on reconciling their taxes.

This lawsuit continues to progress and NILC will provide updates on our Kansas v. U.S. webpage.

DACA recipients in all states remain eligible for other health services available to immigrants, such as from federally qualified health centers or emergency care in hospitals. Some states offer their own health program.

DACA recipients who do not live in the 19 states implicated in the KS v. U.S. lawsuit, were eligible to apply for ACA coverage during the annual open enrollment period, which ran from November 1, 2024, through January 15, 2025. Outside of that period, people with major life changes, such as moving to a new state, losing a job, or having a baby, get access to a “special enrollment period” within 60 days of the event. To enroll:

• Visit HealthCare.gov or your state marketplace (e.g., Covered California) to explore available health plans. See our map below for your state’s information.
  • Create an account and complete your application. Select “no” when asked if you are a citizen or U.S. national and yes when asked if you have eligible immigration status for the purposes of Marketplace coverage.
  • You will be asked to provide documentation to verify your status and identity. DACA recipients with an SSN and/or an employment authorization card will be asked to enter that information in the application to verify their identity and status.
  • Once you complete your application, you will have your eligibility determined based on your income, family size, and other factors. You may then select a plan that works for your health needs.
  • If you encounter barriers to enrolling, assistance is available to help you out, described below.

• Key Resources to Help You Apply: The federal marketplace for health insurance plans and subsidies. Available in Spanish at cuidadodesalud.gov.
• State-Based Marketplaces: Platforms like Covered California and New York State of Health for state-specific health plans. If you’re not sure of your state’s approach, start at Healthcare.gov.
• Call Center: The federal government operates a call center with trained staffers who can help you apply for coverage. In-language assistance is available. 1-800-318-2596
• Compare Plans: You can see how much health insurance may cost you on healthcare.gov, though your income will determine your final subsidized premiums and reduced copayments.
• Enrollment Navigators: Trained nonprofit professionals funded by the government who can help you through the enrollment process and beyond and answer any questions. Connect with a navigator and similar organizations here.
• Community Based Organizations: Many nonprofits and advocacy groups offer assistance to immigrants and DACA recipients for health care enrollment. For example, most community health centers provide assistance in enrollment.
• Broker/Agents: Brokers are licensed companies and individuals who are compensated by health insurance companies to help you enroll in coverage. Be sure that you are enrolling in Affordable Care Act coverage, as some companies offer health plans that lack the financial assistance and protections of the ACA.