Starting November 1, 2024, Deferred Action for Childhood Arrivals (DACA) recipients and individuals in certain other noncitizen groups were granted eligible immigration status to enroll in Marketplace coverage for plan years 2024 and 2025.
19 states are included in legal efforts to block this decision and, as a result, Marketplace enrollment has been placed on hold for these groups in the 19 states involved in the lawsuit. These 19 states are: Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Virginia.
DACA recipients and certain other noncitizen groups who live in these 19 states are not currently eligible for Marketplace coverage.
3 of these 19 states (Idaho, Kentucky, and Virginia) operate using their own State-based Exchange. The remaining 16 states operate using the Federally-facilitated Marketplace.
The Marketplace will cancel any enrollments for 2025 Marketplace coverage selected by these groups if they reside in the respective 16 states and insurance companies will refund any premiums paid for that 2025 coverage. The Marketplace will also send a letter about ineligibility for coverage to impacted individuals.
We encourage impacted consumers who had a change in their immigration status since they applied for Marketplace coverage to update their Marketplace application with their new immigration status.
For more information, read the Recent court decisions impacting the Marketplace by Healthcare.gov.
1095-As for DACA recipients and other impacted noncitizens
The Internal Revenue Service (IRS) will consider DACA recipients and other impacted noncitizens who had 2024 Marketplace coverage in the 19 states eligible for the premium tax credit for the months in 2024 they had coverage, if otherwise eligible.
These consumers will get Form 1095-A, Health Insurance Marketplace® Statement, from the Federal Marketplace or their State-based Marketplace, which provides information about their health coverage. Impacted consumers must use information from Form 1095-A to fill out Form 8962, Premium Tax Credit, and must include Form 8962 when they file their 2024 federal income tax return.
What impacted consumers should do
Update your immigration status in your Marketplace application if it has changed.
Use Form 1095-A to complete Form 8962 when filing your 2024 federal income tax return.
Contact the Marketplace or a tax advisor if you need assistance.