Illinois Attorney General Kwame Raoul announced on January 15, 2025 that Illinois will join 13 other states in court to defend DACA recipients’ access to health insurance through the Affordable Care Act (ACA) marketplaces.
The move comes as an incoming federal administration is expected to stop defending a U.S. Department of Health and Human Services (HHS) and Centers for Medicare & Medicaid Services (CMS) rule that expanded health care access for DACA recipients. The coalition filed a motion asking the court to allow the states to step in and continue the legal defense.
According to the announcement, the federal rule took effect on November 1, 2024. It allows certain DACA recipients—people who came to the U.S. as children and have lived here continuously since at least 2007—to purchase coverage through ACA exchanges, which the states say supports public health and state economies.
The announcement says a group of states sued HHS and CMS in August 2024 in the U.S. District Court for the District of North Dakota, seeking to delay the rule while the case is reviewed. The district court blocked implementation in some states but left the rule in place in most states, including Illinois.
The Attorney General also points to the broader impact of DACA recipients being more likely to be uninsured and to the potential costs that can follow if coverage is removed. The announcement notes that DACA recipients may work lawfully under separate rules and that they contribute taxes and support families, including many U.S.-citizen children.