Before this rule, federal regulations specifically excluded DACA recipients from the definition of individuals who are lawfully present, even though recipients of deferred action through other means were considered eligible. Earlier regulations also considered children and youth who are applying for SIJS as lawfully present, but they did not address children who had already been granted SIJS by the federal government who were awaiting visa availability. Earlier regulations also required people—including children—who had filed applications for asylum, withholding of removal, or protection under the Convention Against Torture to wait for 180 days before becoming eligible for ACA programs. The clarifications of “lawfully present” in the recent regulation ensure that young immigrants in those categories can access health insurance through the ACA.
To be eligible to get health insurance through the ACA if you are not a U.S. citizen, you must be in one of the following categories:
- Special Immigrant Juvenile Status (SIJS) recipients
- Deferred Action for Childhood Arrivals (DACA) recipients
- Children under age 14 who have applied for asylum, withholding of removal, or relief under the Convention Against
Torture - Any immigrant with an Employment Authorization Document (EAD, or work permit), regardless of the underlying
eligibility category - Lawful permanent residents or applicants who have applied for permanent residency