ICE Guidance on the Use of Information Provided by Individuals Applying for Healthcare Under ACA

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The Patient Protection and Affordable Care Act (ACA), and the Social Security Act (SSA) require that individuals seeking coverage under a qualified health plan offered on a Health Insurance Marketplace or through an insurance affordability program provide certain information regarding their immigration status and household members to determine eligibility for such coverage.  In one of our previous Blog posts, we discussed ACA provisions affecting foreign nationals. 

On October 25, 2013, the U.S. Immigration and Customs Enforcement (ICE) issued a Memorandum clarifying existing practices related to the use of information that an individual seeking coverage under a qualified health plan or through an insurance affordability program may provide regarding his or her immigration status or household members.  ICE confirmed  that, as a matter of policy, it does not use this information as the basis for pursing a civil immigration enforcement action.  However, it is unclear how this information may be used for the purpose of criminal enforcement actions against such individuals.

If you have questions regarding your eligibility for immigration and ACA benefits, it is important to consult with experienced counsel.