October 8, 2014

The Honorable Barack H. Obama
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Re: Health Care Access for Deferred Action Recipients

Dear President Obama:

We write on behalf of the National Hispanic Leadership Agenda (NHLA), a coalition of 39 leading national Latino civil rights and advocacy organizations, to urge you to undertake expansive administrative action to provide health care access to undocumented immigrants with grants of deferred action, both under Deferred Action for Childhood Arrivals (DACA) and any future affirmative administrative relief programs. Administrative action is warranted in light of the chronic and severe lack of access to health care faced by the immigrant community, particularly Latino immigrants.

NHLA would certainly prefer the permanence of legislative action to reform our nation’s immigration system. However, as you know, the failure of Congress to pass immigration reform leaves no choice but to undertake administrative actions to provide relief to the nation’s undocumented population. NHLA previously delivered a letter outlining our recommendations for affirmative relief, including the expansion of deferred action and transition to permanent status for the undocumented population. This letter focuses on administrative actions that would expand health care access for undocumented immigrants with employment authorization and lawful presence.

NHLA strongly recommends that temporary administrative relief must treat all persons eligible for relief and employment authorization as lawfully present for all purposes, including eligibility for public benefits and affordable health care. Due to this Administration’s changes to existing federal rules, those who qualified for DACA are excluded from affordable health insurance options available to all others with deferred action.

These changes, hastily issued as Department of Health and Human Services regulations and guidance in August 2012, deny DACA recipients the opportunity to participate in vital health programs that their tax dollars support, including federal Medicaid and the Children’s Health Insurance Program in the states that open those programs to other holders of deferred action, and the Patient Protection and Affordable Care Act nationally. Despite the tremendous benefits of the Affordable Care Act, Latinos remain the most uninsured racial/ethnic group, in part due to immigrant restrictions on eligibility for health care programs. As the majority of those granted DACA are Latino, the restrictions on access to affordable health coverage and care take a disproportionate toll on the health and opportunity of Latino immigrants. The restrictions have also caused administrative burdens and emboldened state lawmakers to discriminate against DACA grantees.

Moreover, the restrictions disproportionately harm women and LGBT immigrants who, according to the Kaiser Family Foundation, 1 are also more likely to be denied access to employer-sponsored and private health insurance coverage. Finally, for DACA recipients in need of health care, the denial of affordable care and coverage undoubtedly leads to human suffering and diminished health.

The changes to existing federal rules, which bypassed the regular public comment process, were opposed by NHLA, over 80 members of Congress, and diverse stakeholders representing civil and human rights, women’s health and reproductive justice, children’s rights, LGBT rights, faith, and health care providers. NHLA asks that you apply the fairness and equality that your Administration has shown in various other areas in the health care context and ensure that no one—regardless of their immigration status—lacks access to critical health care services.

Please contact NHLA through Jose Magana-Salgado at MALDEF, at This email address is being protected from spambots. You need JavaScript enabled to view it. at 202-572-0558, or Bertha Guerrero, at the Hispanic Federation, at This email address is being protected from spambots. You need JavaScript enabled to view it. or 202-641-7186 for any questions related to this matter. Thank you for your time and consideration.

Sincerely,

Thomas A. Saenz
MALDEF, President and General Counsel
NHLA Immigration Committee Co-Chair  

Jose Calderón
Hispanic Federation, President
NHLA Immigration Committee Co-Chair

CC:
Valerie Bowman Jarrett, Senior Advisor to the President
Cecilia Muñoz, White House Domestic Policy Council Director
Felicia Escobar, Special Assistant to the President for Immigration Policy
Julie Chavez Rodriguez, Deputy Director of Public Engagement
Jorge Neri, Associate Director of Public Engagement
Sylvia Matthews Burwell, Secretary of the Department of Health and Human Services
William V. Corr, Deputy Secretary of the Department of Health and Human Services