Great Lakes Wire

Michigan Attorney General Dana Nessel has announced her participation in a coalition of 14 states defending health insurance access for Deferred Action for Childhood Arrivals (DACA) recipients, commonly known as Dreamers. This legal action comes as the incoming Trump Administration is anticipated to halt federal efforts to defend a U.S. Department of Health and Human Services (HHS) and Center for Medicaid and Medicare Services’ (CMS) Final Rule. This rule grants DACA recipients access to Affordable Care Act (ACA) exchanges.

Nessel emphasized her commitment, stating, "As Attorney General, my role is to defend the rights of Michiganders, including the thousands of Dreamers who are here legally and call this state home." She added that her office would act if the federal government fails to protect healthcare access under the ACA for DACA recipients.

The DACA program was established in 2012 to allow certain young individuals who arrived in the United States as children to avoid deportation temporarily. In 2024, the Biden Administration expanded healthcare access by making DACA recipients eligible for ACA exchanges. However, some states challenged this regulation in court.

The district court allowed implementation of the Final Rule in most states, including Michigan. The rule took effect on November 1, 2024, providing public health benefits not only for DACA recipients but also for broader communities.

President-elect Trump had criticized this rule during his campaign. With his administration expected not to defend it, these states are stepping in with their motion citing potential harms if it is eliminated. Susan E. Reed from the Michigan Immigrant Rights Center supported this action by saying affordable health insurance is crucial for healthy families and communities.

DACA recipients contribute significantly to taxes and play vital roles across various sectors such as healthcare and education. The Final Rule aims to address discrepancies where they previously lacked ACA exchange access despite being lawfully present.

Attorney General Nessel has consistently defended both ACA protections and support for Dreamers throughout her tenure. Other jurisdictions joining this legal effort include New Jersey, Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maryland, Minnesota, New Mexico, Nevada, Oregon, and Vermont.