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Health Law and Policy Commons

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Washington University Law Review

Health law

2016

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Full-Text Articles in Health Law and Policy

Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma Marouf Jan 2016

Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma Marouf

Washington University Law Review

In the Affordable Care Act (“ACA”), passed in 2010, Congress provided that only “lawfully present” individuals could obtain insurance through the Marketplaces established under the Act. Congress left it to the Department of Health and Human Services (“HHS”) to define who is “lawfully present.” Initially, HHS included all individuals with deferred action status, which is an authorized period of stay but not a legal status. After President Obama announced a new policy of Deferred Action for Childhood Arrivals (“DACA”) in June 2012, however, HHS amended its regulation specifically to exclude DACA recipients from the definition of “lawfully present.” The revised ...