Purpose
The Patient Protection and Affordable Care Act (ACA), Pub. L. No. 111-148, 124 Stat. 224, and
the Social Security Act (SSA) require that individuals(1) seeking coverage under a qualified health plan offered on a Health Insurance Marketplace or through an insurance affordability program (i.e., premium tax credits, cost sharing reductions, Medicaid, Children’s Health Insurance
Program, or Basic Health Program) provide information regarding their immigration status and
certain information about their household members to determine eligibility for such coverage.
This memorandum sets forth U.S. Immigration and Customs Enforcement (ICE) civil immigration enforcement policy regarding information concerning such individuals and their
household members obtained during the eligibility determination process for such coverage.
Background
The ACA, the SSA, and implementing regulations outline procedures for determining eligibility
for coverage under a qualified health plan offered on a Marketplace or through an insurance
affordability program. Under the laws and implementing regulations, information provided by
individuals for such coverage may not be used for purposes other than ensuring the efficient
operation of the Marketplace or administering the program, or making or verifying certain
eligibility determinations, including verifying the immigration status of such individuals.
Agency Policy
Consistent with the ACA’s, the SSA’s, and implementing regulations’ limitations on the use of information provided by individuals for such coverage, and in line with ICE’s operational focus, ICE does not use information about such individuals or members of their household that is
obtained for purposes of determining eligibility for such coverage as the basis for pursuing a
civil immigration enforcement action against such individuals or members of their household,
whether that information is provided by a f
ederal agency to the Department of Homeland
Security for purposes of verifying immigration status information or whether the information is
provided to ICE by another source.
(1)
For purposes of this statement, “individuals” means certain applicants for, beneficiaries of, and enrollees in coverage under a qualified health plan offered on a Health Insurance
Marketplace or through an insurance affordability program.
No Private Right of Action
This document, which is intended only as internal
ICE policy, is not intended to, does not, and
may not be relied upon to create any rights or benefits, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.
