On July 10, 2015 the 5th Circuit Court began weighing the merits of the court case Texas v. the United States. This lawsuit was filed in order to block President Obama’s executive order of November 2014. The President’s order included the expansion of Deferred Action for Childhood Arrivals (DACA)* for young people who came here as children, and created a new program called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) to allow parents of children born in the United States to apply for administrative relief.
If the program is allowed to move forward, “DACAmented” or “DAPAmented” individuals would be allowed to apply for a social security number and work authorization. Immigration and health advocates in New York State were jubilant when the President first announced his executive order. Not only do these programs offer undocumented immigrants the opportunity to live without fear of deportation, obtain a driver’s license, and work with the protections of the Labor Department, but individuals who have applied for these programs will be eligible for Medicaid in New York State if they meet income requirements.
It’s estimated that as many as 350,000 New York State residents could potentially be eligible for administrative relief, and as many as half of them could qualify for Medicaid once the programs are in operation.
The timeline following the July 10 hearings is hard to predict. Depending on the outcome of the 5th Circuit decision, either side could ask the Supreme Court to review the case, which would very likely extend into 2016. In the meantime, HCFANY members like the New York Immigration Coalition and Make the Road – New York are working to prepare immigrant communities for administrative relief and taking advantage of the time to get the word out to service providers about Medicaid eligibility. Immigrants continue to wait for relief with high hopes.
* The court case and injunction leaves the original 2012 Deferred Action program unchanged.