Centers for Medicare & Medicaid Services Propose Rule Change to Make DACA Recipients Ineligible for Several Benefits, Including Health Care Coverage

In March 2025, The Centers for Medicaid and Medicare Services published a Proposed Rule to change public benefit requirements for Deferred Action for Childhood Arrivals (“DACA”) recipients. Under the Proposed Rule, DACA recipients would no longer be considered “lawfully present” in the United States, making them ineligible for a Qualified Health Plan through the Marketplace, premium tax credits, and other related health benefits. The Trump Administration will need to publish a Final Rule addressing comments to the Proposed Rule before the regulation changes become effective.