New Federal Rule Designed To Reduce Barriers To Healthcare

NEW JERSEY –Attorney General Matthew J. Plakin today led a multistate letter of support for a new rule aimed at expanding Medicaid and Affordable Care Act (ACA) eligibility to individuals receiving deferred action pursuant to the Deferred Action for Childhood Arrivals (DACA) policy, which enables certain young people who arrived in the United States as children to avoid deportation and build lives in the country.

Established in 2012, DACA allows immigrants who came to the U.S. as children – commonly referred to as Dreamers – the opportunity to remain in the country if they meet certain criteria and renew their requests for deferred action every two years. Since its inception, DACA has protected from deportation and extended work authorization for approximately 825,000 individuals – including approximately 14,430 active DACA grantees in New Jersey.

The multi-state letter sent to U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra, and led by Attorney General Platkin, supports the proposed Biden Administration rule designed to ensure DACA recipients can obtain affordable health insurance, regardless of whether their employer provides coverage.

“Healthcare is a human right, regardless of your immigration status,” said Attorney General Platkin. “For the first time in 11 years, hundreds of thousands of ‘Dreamers’ across the nation could have access to the public healthcare they need and deserve. As we’ve said many times before, DACA recipients are our co-workers, friends, fellow students, and neighbors, and I am proud to support the Biden Administration’s efforts to protect their health and well-being. We will always fight to ensure that New Jersey remains a beacon of equal opportunity for all who wish to be part of America’s story.”

On April 13, HHS published a proposed rule that would expand access to healthcare coverage for DACA recipients – first and foremost, by amending the outdated definition of “lawfully present” for purposes of Medicaid and ACA coverage to include DACA recipients.

While DACA recipients may have access to employer-sponsored health insurance, they are ineligible for ACA, Medicaid, CHIP, and Marketplace coverage even though other, similarly situated immigrant groups qualify for some coverage options. The new rule will correct this long-standing error and help Dreamers obtain a new lifeline of support.

The letter signed by 19 Attorneys General asserts that a substantial portion, 34 percent, of DACA recipients are uninsured, while others face significant gaps in coverage, high medical bills, and fear of seeking public services.

The letter also explains that the DACA population is aging and having children, further exacerbating these healthcare access and coverage issues. As of 2021, DACA recipients had more than 250,000 U.S.-born children, who depend on their parents for insurance coverage.

The new rule will mitigate these issues by expanding Medicaid and ACA eligibility to include qualified DACA recipients and allowing them to purchase affordable insurance coverage to cover themselves and their dependent children.

Access to health insurance improves public health, and this proposed expansion of healthcare coverage will benefit not just DACA recipients themselves but also the communities in which they live.

New Jersey has been a consistent and active supporter of DACA, particularly during the Trump Administration’s repeated, but ultimately failed, attempts to discontinue the policy.

The Trump Administration sought to end DACA in 2017 but was enjoined by several courts from doing so. Subsequently, Texas and seven other states filed a federal lawsuit in the Southern District of Texas arguing that DACA is illegal because its creation occurred without congressional action.

In May 2018, New Jersey intervened in the case, arguing that the Trump Administration was not adequately defending DACA. At the urging of New Jersey and the Mexican American Legal Defense and Educational Fund, the Southern District of Texas declined to immediately end the policy but ultimately concluded that DACA was unlawful. The district judge stayed that injunction in significant part while the appeal in this case proceeded.

The U.S. Court of Appeals for the Fifth Circuit upheld the Southern District of Texas’ ruling but sent the case back for further review and kept DACA in place for current recipients.

To view a timeline of litigation in this case, visit: maldef.org/2021/10/ texas-v-united-states-a-timeline-ofthe-fight-to-protect-daca.

Council

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Reina last fall.

Council members Jennifer Kuhn and Scott Sargent voted against Flemming’s nominations for Chisholm to take over as council president and Councilman Nino Borrelli to become council vice president.

They said they were blindsided when Flemming made his announcement to step down from his leadership position.

Resident Sheldon Hofstein noted that during the last two meetings no new ordinances were introduced. “Has the majority of council decided that all the important issues have been solved?

Council President Chisholm do you have an agenda now that you are leading the council for improving the lives of Jackson residents?”

“This is not a campaign and my agenda is the people’s agenda. If you have a resolution or ordinance you would like to see introduced, I would love to speak to you afterwards,” Chisholm replied.

“That is passing the buck. You aren’t answering the question,” Hofstein responded.

Chisholm replied, “I thought I answered it.” Hofstein then asked Flemming when he planned to leave office.

Flemming said he would not be serving that long but could not give a time frame.

“If you are going to be leaving the council I think it is inappropriate for you to be making decisions that affect 58,000 residents and you should consider leaving sooner than later. When you resign I am sure everyone here will thank you for your service. Are you presently a resident of Jackson?” Hofstein asked.

He did say he and members of his family were living in the home that he had lived in and owned for 45 years and were currently leasing. He said he also owns other properties in Jackson.

Hofstein expressed that when the Council does get around to choosing a replacement he hoped it would be someone new “with new ideas and would move Jackson forward and not a former councilmember and a retread.”

Flemming told The Jackson Times a bit about his background in the community. “I became a firefighter in 1976 and still respond today. I was elected a Fire Commissioner in 1998, a position I held for 21 years. I was also the first chairman of the Joint Board of Fire Commissioners.”

“I was also a Board member of Jackson Little League for 15 years and Jackson First Aid for five years. I have been here (in Jackson) since March 1963, got married and raised my family here. All of my sons are active in the Volunteer Fire Company,” he added.

Flemming added, “counting three fire chiefs and three commissioners among them, my grandfather bought the Hardware Store in 1964 and I have worked there all my life.”

Food trucks and fireworks

Members of the council promoted the July 9 Food Truck and Fireworks event at John F. Johnson Junior Memorial Park, 260 Kierych Memorial Drive. The event kicks off at 4 p.m. with live music, a DJ and giveaways. Fireworks will be shot off at dusk. “There is free admission and parking,” Borrelli said.

For more information call the Jackson Recreation Department at 732-928-1200, ext. 1255.