New York State Medicaid and DACA - Page 2

Ooh I see, so I guess I could print out his post and use it as evidence to show we qualify for medicaid, im sure an immigration judge would love to hear that one. Because of course dreamact.info is a reliable and reputable U.S. Government website. Righhht.

If you would have taken to the time to read my Original Post, im looking for concrete evidence from a federal or ny state website that states DACA applicants are eligible for Medicaid benefits. Everyone knows all you need for medicaid is SS and EAD, the problem is down the road when we apply for residency if we will be penalized for receiving benefits.

Alex here is a link to from CUNY about health insurance.

http://www.cuny.edu/about/resources/...nt-of-DACA.pdf

Also the link to Citizenship Now!

Check it out. It might be helpful for everyone

lol bro, did you read my OP?

LOL. I did...I forgot. I was watching and interview on ABC about it so I decided posted. lol

That's Maryland - aren't you talking about New York?

This is why we qualify, PRUCOL. They just havent updated the list with DACA.
http://www.nyc.gov/html/hia/html/pub...t_prucol.shtml

Your incorrect. The nyc.gov website says PRUCOL, which stands for Permeant Resident Under Color of Law, which we are not. It also says category C14 which we are not, we are category C33, if you remember thats what we put on our application for deferred action. (Category C14 is TPS for Hondurans and Salvadorians, also called deferred action so dont get it confused with our deferred action)

Also Maryland is where Medicaid Headquarters is located and that is the main Federal Medicaid website. Each state obeys by their rules since Medicaid is funded by the federal government (everyone's tax dollars). The money is distributed to the States for those who qualify for Medicaid. So as far as Medicaid sees it, we dont qualify. This is the link to the Maryland medicaid website: https://mmcp.dhmh.maryland.gov/SitePages/Home.aspx , each state has their own.

Also I've found 2 articles from NY times and CNN stating Obama Administration said DACA applicants do not qualify for Medicaid.

NyTimes Article: http://www.nytimes.com/2012/09/18/he...anted=all&_r=0
At the same time, in a letter to state health officials, the administration said that young immigrants granted a reprieve from deportation “shall not be eligible” for Medicaid or the Children’s Health Insurance Program. Administration officials said they viewed the immigration initiative and health coverage as separate matters.


CNN Article: http://www.cnn.com/2012/09/20/us/imm...ca-health-care
The department determined that those with deferred status are not eligible for Medicaid or the Children's Health Insurance Program.

I stand by what I said. Plus, each state has different laws. I also said DACA wasnt on the list yet. I am very well aware that we're C33, not C14.

Are you asking for others' take on the situation, or do you know it all?

C14 and C33 are Deferred Action, TPS is A12 or C19.

PRUCOL is a state designation for benefits. It is not a legal status, and the name is confusing. PRUCOL pretty much includes people who are in US illegally, can't adjust status, but no one is planning on deportation.

I am fairly certain State Medicaid is different from the federal medicaid. Same how state financial aid is different from federal financial aid, even though both do exactly the same thing.

Also TPS and Deferred Action are not the same thing (and you calling them so only shows how much you know regarding immigration law), TPS is an actual lawful status granted to illegal immigrants in who's country of origin something bad happened (like a massive earthquake, civil war, etc), Deferred Action is just authorized presence with no lawful status, in other words "we know you're here but we won't bother kicking you out for now". Problem with adjusting status from TPS is that despite having a lawful status - previous illegal presence and possibly previous illegal entry might make one ineligible.

Also our Deferred Action despite having another category code is the same exact as Deferred Action C14. Both exist under the same exact regulations. And both are employment authorized under 8CFR Part 1274a.12 (c)(14).

Whereas the category code generally corresponds to the section of 8CFR Part 1274a.12, it doesn't have to. For example there is no (c)(31) (VAWA self petitioner), (a)(19) and (a)(20) (U visa holder and derivative U visa holder) in 8CFR Part 1274a.12, which are present on the I-765 instruction sheet and do appear as category codes on EADs.


Still, despite being eligible for some NYS benefits, I recommend against using them. Using them most likely will make you a public charge, which will make you ineligible to get a green card later.

If I knew it all I wouldn't be asking. Im asking if anyone has found concrete evidence, government source, that we qualify for medicaid, not a law firm website like empirejustice.org

Out of curiosity, when the day comes to apply for permanent residency and in your interview with an immigration judge he brings up a charge for your medicaid benefits, what will you tell him? I qualify because I read a post on dreamact.info?



Gotcha, Just to clarify there is Deferred Action c14 and Deferred Action for Childhood Arrivals C33? TPS c19?

You get c19 if you apply while TPS is pending, A12 if you apply after being granted TPS already.

There is the general deferred action which uses category C14. DACA uses C33. However legally speaking the two use the same exact federal regulations (as far as I'm aware deferred action is only acknowledged in legislative law, it is not defined in there).

They are effectively one and the same, only process of obtaining them is different (C14 you need to submit a written request to USCIS to grant you deferred action, and there is no clear cut process for approval, USCIS also grants Deferred Action (C14) to people waiting for a U visa to be available, and possibly others), C33 you go through the DACA process.