AIS Statement: New Rule Expanding Affordable Care Act
Eligibility a Milestone for Many but Excludes Some
Immigrant Survivors of Violence

Expanded ACA eligibility includes DACA recipients

May 2024 - Today, the Biden Administration finalized a regulation expanding eligibility for health insurance under the Affordable Care Act to various categories of immigrants, including DACA recipients.  The Alliance for Immigrant Survivors appreciates the issuance of this guidance for newly eligible categories of immigrants who are lawfully present, including 600,000 DACA recipients, asylum applicants, young people applying for Special Immigrant Juvenile Status, and T-visas for human trafficking victims. Many more immigrants will soon will be able to sign up for health insurance through www.healthcare.gov or their state equivalent.  

Unfortunately, under the rule, immigrant survivors of domestic and sexual violence seeking U visas awaiting deferred action will continue to be excluded from access to healthcare exchanges. Many survivors of domestic violence, sexual assault, and other crimes experience negative physical and mental health effects as a result of the abuse and violence, and access to affordable health care is critical for their recovery and ability to overcome the trauma they have experienced. Many U-visa applicants are facing wait times of almost five years (see form I-918 processing times) for initial processing, and, without inclusion in this rule, will continue to have to wait for the care they need.

Given this disappointing exclusion, it is all the more urgent that U.S. Citizenship and Immigration Services (USCIS) reduce wait times for timely review of U-visa applications and related employment authorization. Congress should also allocate additional funding for USCIS to reduce case backlogs, and allocate previously unused visas for current applicants.

Congress must work to further the health and well-being of everyone, including immigrant survivors of domestic violence, sexual assault, and other crimes to help make healthier, inclusive communities. Every person deserves access to high quality, affordable healthcare, and lawmakers must use the tools at their disposal to ensure those who need care receive it.