Effective November 1, 2024, Deferred Action for Childhood Arrivals (DACA) recipients and other impacted noncitizen groups have been able to enroll in coverage for both Plan Years 2024 (generally effective December 1) and 2025. On December 9, 2024, the United States District Court for the District of North Dakota issued a preliminary injunction in Kansas v. United States of America (Case No. 1:24-cv-00150). The Marketplace is continuing to review the court’s decision and its impact on consumers who already selected a qualified health plan in the 16 states with Marketplaces that use HealthCare.gov.
However, pursuant to this court order, DACA recipients and other impacted noncitizens who reside in the following 19 states should not attest to having eligible immigration status on applications for Marketplace coverage in:
Alabama
Arkansas
Florida
Idaho
Indiana
Iowa
Kansas
Kentucky
Missouri
Montana
Nebraska
New Hampshire
North Dakota
Ohio
South Carolina
South Dakota
Tennessee
Texas
Virginia
This is a preliminary court decision and final decisions could affect impacted consumers' eligibility for coverage. Check for updates before January 15 when Marketplace Open Enrollment ends. To learn more, visit: HealthCare.gov/court-decisions/

