No Federal Health Insurance for Young Immigrants Having Their Deportation Delayed

The federal Centers for Medicare and Medicaid Services (CMS) recently issued a letter to state Medicaid directors informing them that certain individuals granted “deferred action” status by the U.S. Department of Homeland Security (DHS) will not qualify for Medicaid or State Children’s Health Insurance Program (SCHIP) benefits.

In 2009, Congress passed a law giving newly arrived immigrant children and pregnant women who were in the country “lawfully” immediate access to health care rather than requiring them to wait the normal five years from entrance to the U.S., as is generally required for other public assistance benefits.

In June 2012, DHS offered undocumented immigrants who arrived in the U.S. as children the opportunity to delay their deportation (“deferred action”) if they meet certain qualifications (e.g., under age 31 on June 15, 2012 and do not present a risk to national security).

The CMS letter states that because these immigrants would not be considered residing in the country lawfully, as defined by CMS in 2010, they would not be eligible for the federal benefits. Undocumented immigrants are eligible for emergency Medicaid.