This is proposal is a commonsense, bipartisan compromise." documents in the last year, 29 We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments. This announcement comes as the DACA program itself is in legal jeopardy a federal judge has ruled that it is illegal and paused new applications. To estimate the enrollment impact on the Exchanges and BHPs, we started with an estimate of the DACA population. of this proposed rule, where we discuss this further and we seek comment on whether to provide a more detailed definition of qualified noncitizen at 42 CFR 435.4. 1101(a)(17)), may be eligible for CHIP in States that have elected the CHIPRA 214 option, if they meet all other eligibility requirements within the State. of this proposed rule, the entire information collection burden associated with changes to BHPs falls on the two States with BHPsMinnesota and New York. DACA has run a judicial gauntlet over the last decade. 2 comments have been received at regulations.gov, across 1 docket. Like her own three children, all are U.S.-born citizens she stands to be separated from if DACA is struck down. We adopt this as our estimate of the hourly value of time for changes in time use for unpaid activities. In May 2022, USCIS began considering granting deferred action to noncitizens with approved petitions for SIJ classification but who are unable to apply for adjustment of status solely due to unavailable immigrant visa numbers. Also, if the proposals are finalized, this modification would ensure that the definition of lawfully present used to determine eligibility for coverage under a BHP is aligned with the definition of lawfully present used for the other insurance affordability programs. Individuals covered under 8 CFR 274a.12(c)(35) and (36) are noncitizens with certain approved employment-based immigrant visa petitions who are transitioning from an employment-based nonimmigrant status to lawful permanent resident (LPR) status, and their spouses and children, for whom immigrant visa numbers are not yet available. of this proposed rule. By including DACA recipients in the definition of lawfully present, this proposed rule is aligned with the goals of the ACAspecifically, to lower the number of people who are uninsured in the United States and make affordable health insurance available to more people. 1396a(e)(16); 42 U.S.C. The interpretation of lawfully residing proposed in this rulemaking is thus consistent with longstanding CMS guidance. along with other provisions not found invalid or unenforceable, including as applied to persons not similarly situated or to dissimilar circumstances, unless such holding is that the provision of this subpart is invalid and unenforceable in all circumstances, in which event the provision shall be severable from the remainder of this subpart and shall not affect the remainder thereof. [43] The Biden administration on Thursday asked a federal judge in Texas to stop short of ordering the full termination of the Deferred Action for Childhood Arrivals (DACA) immigration policy if he finds it unlawful, a last-minute attempt to limit a looming ruling that could dictate the fate of nearly 600,000 "Dreamers.". hb```@(1@OQ#@ qa) @ZE"706H&XL`i3cJv/ek} b'6 r# GH3@ $ March 2, 2023. Additionally, a final rule that includes only some provisions of this proposed rule would have significant advantages and be worthwhile in itself. DACA Recipients are Essential Workers and Part of the Front-line Response to the COVID19 Pandemic, as Supreme Court Decision Looms, https://cmsny.org/daca-essential-workers-covid/. 1806(e), as compared to paragraph (8) of the definition of lawfully present in the 2010 SHO. Chiquita Brooks-LaSure, Administrator of the Centers for Medicare & Medicaid Services, approved this document on April 6, 2023. Potential administrative burden on States and regulated entities that choose to conduct increased education and outreach related to the updated definitions of lawfully present for the purposes of the Exchanges and BHP and lawfully residing for the purposes of Medicaid and CHIP under the CHIPRA 214 option. DHS provided that the DACA policy was necessary to ensure that [its] enforcement resources are not expended on these low priority cases.[20] For now, the Tenth Circuit kept the area court's stay in place, which signifies that current DACA recipients can continue to benefit from DACA and renew own grants of DACA and work authorization for this . 1802118024, 1803118033, 1804118042, 18051, 18054, 18071, and 1808118083. of this rule, we propose to remove the definition of lawfully present currently in the PCIP regulations at 45 CFR 152.2 and add a cross reference to 45 CFR 155.20 to ensure alignment across programs. 38. Some politicians have found immigration a useful tool for energizing their base, she says, even when exploiting the issue stirs up xenophobic and racist extremism.
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