Deferred Action for Childhood Arrivals (DACA) FAQ
Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy that allows certain undocumented immigrants who came to the United States as children to receive a deferred action from deportation and become eligible for a work permit. To be eligible for DACA, an individual must meet certain criteria set by the U.S. Citizenship and Immigration Services.
As of Nov. 1, 2024, as a result of a federal rule, DACA recipients are eligible to enroll in health insurance through Covered California. About 40,000 uninsured DACA recipients in California are eligible and would qualify for financial help.
DACA recipients can apply online or they can get free, confidential help by phone by calling a service center representative at (800) 300-1506. You can also work with a certified enroller or licensed agent who can walk through every step of the application process, or use Help on Demand to have an enroller call you.
The new federal rule also clarifies the lawful presence status of some other non-citizen categories, such as individuals with Special Immigrant Juvenile classification and Citizens of the Freely Associated States.
Frequently Asked Questions
What does the current lawsuit against this rule mean for DACA recipients?
In August, a group of states filed a lawsuit in federal court seeking to block the new rule that allows DACA recipients and other eligible groups to purchase health insurance through exchanges. Nineteen states participated in the lawsuit, not including California.
On Dec. 9, 2024, the court preliminarily blocked the U.S. Department of Health and Human Services from enforcing the new DACA rule in the 19 states involved in the lawsuit. No final decision has been made about the rule. DACA recipients can still enroll in health insurance and qualify for financial help through Covered California.
What are the requirements for enrolling in a health plan through Covered California?
DACA recipients must meet the same eligibility criteria as anyone else who is considered lawfully present. You must be a California resident, not incarcerated and be lawfully present. While completing the application, you will be asked to provide information about your family size, household income and satisfactory immigration status.
When can I apply and when would my plan start?
You have from now until Dec. 31, 2024, to apply for 2024 health insurance through a special-enrollment period. Select the “Gained lawful presence” qualifying life event in the application. If you enroll in November, your plan will start on Dec. 1 and be renewed for 2025.
You can also enroll in 2025 coverage during open enrollment. If you select a plan by Jan. 31 (the end of open enrollment), your plan will start on Feb. 1.
If you miss open enrollment and don’t experience any major life changes, you’ll have to wait until the next open-enrollment period to apply, which begins Nov. 1, 2025.
I enrolled in a health plan through Covered California during the special-enrollment period to get health insurance in December 2024. Will my plan be renewed for 2025?
Yes, your plan will be automatically renewed so that you’ll have health insurance in 2025. You can also actively renew your Covered California health plan for 2025 if you choose.
What documents or information do I need to apply?
Like other applicants, Covered California will check lawful presence by matching your submitted information against federal data sources. We recommend that you submit information confirming your DACA status during the application process.
You may be required to provide a copy of documents that show proof of immigration or lawful presence after your application has been submitted. In addition to these documents to verify immigration status, DACA recipients can also submit the following:
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Notice of Action (Form I-797) showing approval of deferred action status, issued by the U.S. Citizenship and Immigration Services.
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Employment Authorization Document (EAD) Form I766 (annotated with a C33) indicating the granted authorization to work in the United States.
What if I can’t provide the required documents?
You may be given a “conditional eligible” status if you meet all other eligibility requirements. This happens when an applicant’s information can’t be fully verified through electronic sources during the application process. During this time, you can enroll in a health plan and have access to health care while you work on providing the required documents.
You’ll have 95 days from the date on your letter from Covered California to provide the required documents, including proof of immigration status. This is known as the reasonable opportunity period, which grants you additional time to submit the required documents.
If you can’t provide documents by the end of the 95-day period, contact Covered California for assistance.
What should I do if my immigration status changes?
Enrollees must update their accounts when the information they provided changes. That includes things like changes in immigration status or citizenship. In addition, if you lose your DACA status and are no longer considered lawfully present, you would no longer be eligible for health insurance through Covered California. If that happens, you must update your Covered California account and you could still be eligible for health insurance through Medi-Cal.
I’m already enrolled in Medi-Cal. Should I switch to Covered California?
Whether you can switch depends on several factors, including your income, family size and certain health care needs. If you qualify for or are enrolled in Medi-Cal, you are not eligible for any financial help if you switch to Covered California. You should evaluate your current plan and report any changes to your local county office or online.
Are all DREAMers now eligible for health insurance through Covered California?
No. The DACA program and the DREAM Act (Development, Relief, and Education for Alien Minors) are different. The DREAM Act is proposed federal legislation that has been introduced in Congress multiple times since 2001 but has not been passed into law. The term DREAMers generally refers to a group of young undocumented immigrants larger than DACA recipients. DREAMers who are not DACA recipients and are not lawfully present are not eligible to enroll in health insurance through Covered California.
Will I be affected by the public charge regulation?
In general, you won’t become a “public charge” by applying for health insurance through Covered California and receiving financial help or having health insurance through Medi-Cal. It also won’t affect your immigration status, your chance of becoming a lawful permanent resident or your chance of becoming a naturalized citizen. The exceptions are if you receive long-term care in a nursing home or other facility paid for by the government through Medi-Cal, or if you don’t tell the truth on your Covered California application.
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