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Congressman Cleaver Joins Rep. Castro, 93 House Colleagues Calling on President Biden to Expand ACA Access to DACA Recipients

February 1, 2021

Letter to President Biden and Acting HHS Secretary Cochran Requests that DACA Recipients be Allowed to Secure Health Insurance Through the Affordable Care Act

(Washington, D.C.) – Last week, United States Representative Joaquin Castro (D-TX), former Chair of the Congressional Hispanic Caucus, called on President Joe Biden and Acting Secretary of Health and Human Services (HHS) Norris Cochran to grant Deferred Action for Childhood Arrivals (DACA) recipients access to benefits under the Affordable Care Act (ACA). Alongside ninety-three fellow Members of the U.S. House of Representatives, Congressman Emanuel Cleaver, II (D-MO) proudly co-signed Castro's letter, which was written in response to the ongoing public health challenges posed by COVID-19.

"Now, perhaps more than ever before, we understand that the health of our neighbors affects the health of our neighborhoods," said Congressman Cleaver. "I can tell you unequivocally that COVID-19 doesn't care if you're a Democrat or Republican or DACA recipient or, God forbid, a Raiders fan. The virus doesn't discriminate, and if our country is serious about defeating this deadly pandemic, we must take a holistic approach to ensure the wellbeing of our communities. That means making sure everyone has access to affordable health care, including the thousands of DACA recipients who are just one document short of becoming U.S. citizens. By allowing these young Americans to secure affordable health care, we will help them strengthen their roots here in the United States, slow the spread of the coronavirus, and further the original goals that brought about ACA. I'm proud to join Rep. Castro in this worthy effort, and I'm confident President Biden will be receptive to our letter."

Despite qualifying for a number of other federal programs, DACA recipients are excluded from participating in the ACA due to the narrow definition of "lawfully present" used by the Department of HHS. While DACA recipients are eligible for employment authorization and protection from deportation, HHS prohibits these young people from accessing benefits under the ACA, including insurance plans that DACA recipients would pay for out of pocket at full cost. The harmful side effects of this incongruity have only been exacerbated by the coronavirus pandemic, and lawmakers hope that President Biden will make it a priority to address this shortcoming in the ACA during the first 100 days of his administration.

In addition to being barred from benefits under the ACA, DACA recipients cannot gain health insurance through Medicaid or CHIP, and are ineligible for federal premium tax credits aimed at making private health insurance plans more affordable. DACA recipients, who are required to pay federal taxes, are thereby denied access to government programs that they help fund. By dramatically limiting access to affordable health care, these restrictive measures not only place the more than 650,000 current DACA recipients in harmful situations, but also pose broader risks to the health of entire communities, particularly during the pandemic. Rep. Castro, Congressman Cleaver, and the additional co-signers of the letter to President Biden and Acting Secretary Cochran called on HHS to provide clarity regarding DACA recipients' eligibility for these critical programs.

In order to qualify for DACA, undocumented individuals who were brought to the country as children must establish long-term residency in the U.S., pass rigorous criminal background checks, and meet educational criteria. By allowing DACA recipients, who are expected to number one-million in the coming years, to participate in the health insurance marketplace, the ACA will make significant strides towards its goal of ensuring greater numbers of young, healthy adults.

You can find the official letter from lawmakers here.

Emanuel Cleaver, II is the U.S. Representative for Missouri's Fifth Congressional District, which includes Kansas City, Independence, Lee's Summit, Raytown, Grandview, Sugar Creek, Blue Springs, Grain Valley, Oak Grove, North Kansas City, Gladstone, Claycomo, and all of Ray, Lafayette, and Saline Counties. He is a member of the exclusive House Financial Services Committee; Chairman of the House Subcommittee on National Security, International Development, and Monetary Policy; member of the Select Committee on the Modernization of Congress; member of the Committee on Homeland Security; and a Senior Whip of the Democratic Caucus. For more information, please contact Haydin Brady at 202-538-4326 orβ€―Haydin.Brady@mail.house.gov