NEW YORK (AP) — Thursday was the final day to select an Affordable Care Act health insurance plan across much of the country, as the expiration of federal subsidies drives up health costs and lawmakers remain locked in a debate over how to address the issue.
That's when the open enrollment window ends in most states for plans that start in February. About 10 states that run their own marketplaces have later deadlines, or have extended them to the end of the month to give their residents more time.
The date is a crucial one for millions of small business owners, gig workers, farmers, ranchers and others who don't get their health insurance from a job and therefore rely on marketplace plans. A record 24 million Americans purchased Affordable Care Act health plans last year.
But this year, their decisions over health coverage have been more difficult than usual as clarity over how much it will cost is hard to come by. And so far, enrollment is lagging behind last year's numbers — with about 22.8 million Americans having signed up so far, according to federal data.
Last year, for months, it was unclear whether Congress would allow for the end-of-year expiration of COVID-era expanded subsidies that had offset costs for more than 90% of enrollees. Democrats forced a record-long government shutdown over the issue, but still couldn't get a deal done. So the subsidies expired Jan. 1, leaving the average subsidized enrollee with more than double the monthly premium costs for 2026, according to an analysis from the health care nonprofit KFF.
Still, the question of whether Congress would resurrect the tax credits loomed over Washington. Several enrollees told The Associated Press they have either delayed signing up for coverage or signed up with a plan to cancel as they anxiously watch what's happening on Capitol Hill.
Last week, the House passed a three-year extension of the subsidies after 17 Republicans joined with Democrats against the wishes of Republican leaders. But the Senate rejected a similar bill last year.
Sen. Bernie Moreno, R-Ohio, has been leading a bipartisan group of 12 senators trying to devise a compromise and said this week that he expects to have a proposal by the end of the month. The contours of the senators’ bipartisan plan involves a two-year deal that would extend the enhanced subsidies while adding new limits on who can receive them. The proposal would also create the option, in the second year, of a new health savings account that President Donald Trump and Republicans prefer.
Under the deal being discussed, the ACA open enrollment period would be extended to March 1 of this year to allow people more time to figure out their coverage plans after the disruption.
Still, Republicans and Democrats say they have not completed the plan, and the two sides have yet to agree if there should be new limits on whether states can use separate funds for abortion coverage.
President Donald Trump on Thursday announced outlines of a plan he wants Congress to consider that would. It would, among other things, redirect ACA subsidies into health savings accounts that go directly to consumers. Democrats have largely rebuffed this idea as inadequate for offsetting health costs for most people.
Associated Press writers Mary Clare Jalonick and Lisa Mascaro contributed from Washington.
FILE - Pages from the U.S. Affordable Care Act health insurance website healthcare.gov are seen on a computer screen in New York, Aug. 19, 2025. (AP Photo/Patrick Sison, File)
A federal appeals panel on Thursday reversed a lower court decision that released former Columbia University graduate student Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist.
The three-judge panel of the 3rd U.S. Circuit Court of Appeals didn’t decide the key issue in Khalil’s case: whether the Trump administration’s effort to throw Khalil out of the U.S. over his campus activism and criticism of Israel is unconstitutional.
But in its 2-1 decision, the panel ruled a federal judge in New Jersey didn’t have jurisdiction to decide the matter at this time. Federal law requires the case to fully move through the immigration courts first, before Khalil can challenge the decision, they wrote.
“That scheme ensures that petitioners get just one bite at the apple — not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”
The law bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.
It was not clear whether the government would seek to detain Khalil, a legal permanent resident, again while his legal challenges continue.
Thursday’s decision marked a major win for the Trump administration’s sweeping campaign to detain and deport noncitizens who joined protests against Israel.
In a statement distributed by the American Civil Liberties Union, Khalil said the appeals ruling was “deeply disappointing, but it does not break our resolve.”
He added: “The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability. I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”
Baher Azmy, one of Khalil's lawyers, said the ruling was “contrary to rulings of other federal courts.” He noted the panel’s finding concerned a “hypertechnical jurisdictional matter,” rather than the legality of the Trump administration’s policy.
“Our legal options are by no means concluded, and we will fight with every available avenue,” he added, saying Khalil would remain free pending the full resolution of all appeals, which could take months or longer.
The ACLU said the Trump administration cannot lawfully re-detain Khalil until the order takes formal effect, which won't happen while he can still immediately appeal.
Khalil's lawyers can request the active judges on the 3rd Circuit hear an appeal, or they can go to the U.S. Supreme Court.
An outspoken leader of the pro-Palestinian movement at Columbia, Khalil was arrested on March 8, 2025. He then spent three months detained in a Louisiana immigration jail, missing the birth of his firstborn.
Federal officials have accused Khalil of leading activities “aligned to Hamas,” though they have not presented evidence to support the claim and have not accused him of criminal conduct. They have also accused Khalil, 30, of failing to disclose information on his green card application.
The government has justified the arrest under a seldom-used statute that allows for the expulsion of noncitizens whose beliefs are deemed to pose a threat to U.S. foreign policy interests.
In June, a federal judge in New Jersey ruled that justification would likely be declared unconstitutional and ordered Khalil released.
President Donald Trump's administration appealed that ruling, arguing the deportation decision should fall to an immigration judge, rather than a federal court.
Khalil has dismissed the allegations as “baseless and ridiculous,” framing his arrest and detention as a “direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza.”
Judge Arianna Freeman dissented Thursday, writing that her colleagues were holding Khalil to the wrong legal standard. Khalil, she wrote, is raising “now-or-never claims” that can be handled at the district court level. He does not have a final order of removal, which would permit a challenge in an appellate court, she wrote.
Both judges who ruled against Khalil, Thomas Hardiman and Stephanos Bibas, were Republican appointees. President George W. Bush appointed Hardiman to the 3rd Circuit, while Trump appointed Bibas. President Joe Biden, a Democrat, appointed Freeman.
The majority opinion noted Freeman worried the ruling would leave Khalil with no remedy for unconstitutional immigration detention, even if he later can appeal.
“But our legal system routinely forces petitioners — even those with meritorious claims — to wait to raise their arguments, the judges wrote. “To be sure, the immigration judge’s order of removal is not yet final; the Board has not affirmed her ruling and has held the parties’ briefing deadlines in abeyance pending this opinion. But if the Board ultimately affirms, Khalil can get meaningful review.”
The decision comes as an appeals board in the immigration court system weighs a previous order that found Khalil could be deported. His attorneys have argued that the federal order should take precedence.
That judge has suggested Khalil could be deported to Algeria, where he maintains citizenship through a distant relative, or Syria, where he was born in a refugee camp to a Palestinian family.
His attorneys have said he faces mortal danger if forced to return to either country.
Associated Press Writer Larry Neumeister contributed to this story.
FILE - Palestinian activist Mahmoud Khalil holds a news conference outside Federal Court on Tuesday, Oct. 21, 2025 in Philadelphia (AP Photo/Matt Rourke, File)
