CHICAGO, Ill. (WCIA) — Illinois is one of 14 states trying to defend health insurance access for Deferred Action for Childhood Arrivals (DACA) recipients from court challenges.

Attorney General Kwame Raoul and the coalition filed a motion to intervene as the incoming federal administration is expected to stop federal efforts to defend a U.S. Department of Health and Human Services (HHS) and Center for Medicaid and Medicare Services (CMS) rule granting DACA recipients access to Affordable Care Act (ACA) exchanges.

DACA allows young people who came to the United States as children and have lived here since 2007 to avoid immediate fear of deportation for revocable two-year periods. Over 28,000 Dreamers (DACA recipients) resided in Illinois as of September 2023.

“Every day, Dreamers make invaluable contributions to our schools, workplaces and communities,” Raoul said. “Granting them access to purchase health insurance through the Affordable Care Act marketplace would lead to better health outcomes for them and improved public health for everyone.”

In 2024, the Biden administration issued a regulation expanding health care access to Dreamers by making them eligible to purchase health insurance through ACA exchanges. This took effect on Nov. 1 and provides public health and economic benefits for Dreamers as well as the greater community.

According to the press release, in August, “a group of states sued HHS and CMS in the U.S. District Court for the District of North Dakota and asked the court to delay implementation of the rule, pending judicial review.” The district court prevented implementation of the rule in a few states, but ultimately left it in place in most states, including Illinois.

During his 2024 campaign, President-elect Donald Trump criticized the rule, and his previous administration declined to defend both DACA and the ACA. The states’ motion explains that, “because the incoming federal administration has stated and demonstrated it will not defend the rule, the states have a right to step in when the federal government will stop defending this critical policy and when repeal of the rule would affect state resources.”

This motion also describes ways that states’ public health systems and economies will be harmed if the rule is eliminated. Dreamers contribute an estimated $6.2 billion in federal taxes and $3.3 billion in state and local taxes annually.

According to HHS, Dreamers are three times more likely to be uninsured than the general U.S. population. Additionally, uninsured people drive up health care costs and worsen public health, leading to an increase in premature deaths among other issues.

“This is the most recent action Raoul has taken to defend access to affordable health care for Dreamers,” the press release states. In 2024, Raoul and a collation of attorneys general filed an amicus brief that defended the rule. Previously, he signed a 2023 comment letter to HHS in support of the rule.

The thirteen other states joining Illinois in the filing include:

• Arizona
• California
• Colorado
• Delaware
• Hawaii
• Maryland
• Michigan
• Minnesota
• New Jersey
• New Mexico
• Nevada
• Oregon
• Vermont