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Understanding Immigrants and Their Access to Public Benefits in the U.S.

by Hyacinth

In the United States, noncitizens—people who are not U.S. citizens—face many limitations when trying to access federal public benefits. Programs like Medicaid, food stamps (known as the Supplemental Nutrition Assistance Program, or SNAP), and cash assistance programs such as Supplemental Security Income (SSI) and Temporary Assistance to Needy Families (TANF) are often off-limits to them. Unauthorized immigrants, in particular, are generally barred from these benefits, except in rare circumstances. Temporary visa holders, such as international students and seasonal workers, are also excluded. Even legal permanent residents, often referred to as green-card holders, must wait five years before qualifying for federal benefits. Many of these restrictions stem from a welfare reform law enacted in 1996.

To determine eligibility for benefits based on immigration status, states and localities use an online service provided by the Department of Homeland Security called SAVE.

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Ineligibility for Federal Programs

Noncitizens, which include all immigrants except for those who are naturalized citizens, are usually ineligible for federally funded programs. This includes the Children’s Health Insurance Program (CHIP), Medicaid, SNAP, SSI, and TANF, unless they are refugees or have held a green card for at least five years. Children can access SNAP during their first five years with a green card. Additionally, in some states that provide extra support, children and pregnant women can get Medicaid and/or CHIP during the same period.

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The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is one of the few major public assistance programs available to immigrants, regardless of their immigration status.

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Some federal programs, such as Medicare and Social Security, have strict eligibility rules that make it difficult for immigrants to qualify. For example, to receive Medicare, individuals must have worked for at least 40 quarters (about 10 years) and have legal status. This means that some immigrants, even those who have become citizens later in life, may not qualify.

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Unauthorized immigrants experience the most significant restrictions. Aside from WIC, they are generally ineligible for federally funded benefits, except for emergency Medicaid, primary and preventive care at Federally Qualified Health Centers (FQHCs), free or reduced school lunch, and temporary access to shelters and soup kitchens during emergencies.

Barriers to Accessing Benefits

Even when immigrants qualify for federal benefits, they often use them at lower rates than U.S. citizens. One reason for this is the “chilling effect” caused by the public charge rule. This rule, which has existed since 1882, can lead to negative immigration consequences for people deemed a public charge. When the Trump administration announced changes to the public charge rule in 2018, which could make certain immigrants ineligible for a green card if they used public benefits, participation in programs like Medicaid dropped. Although the Biden administration has since reversed these changes, confusion and misinformation continue to persist, leading many immigrant families to avoid using necessary public benefits out of fear of potential consequences.

Mixed-Status Families and Public Benefits

The restrictions on benefits for noncitizens also impact U.S.-born children in mixed-status families, where at least one member is unauthorized. For example, SNAP allows eligible individuals to apply for food stamps, even if the household includes someone who is ineligible. However, the total benefits are adjusted based on the number of eligible household members. Consequently, U.S.-citizen children in mixed-status families often receive less assistance than those in households where all members qualify.

Unauthorized immigrant parents may hesitate to access benefits for their eligible children. They worry that any interaction with government agencies could lead to deportation or harm their chances of obtaining legal status in the future.

Accessing federal benefits usually requires interactions with agencies like the Social Security Administration, which may be less familiar to immigrants. They may also encounter language barriers that complicate access to necessary information.

Studies indicate that even among U.S.-born citizens, complex bureaucratic requirements can discourage low-income and marginalized groups from participating in federal programs. Frequent eligibility checks based on income or the need to resubmit paperwork can create barriers. For example, the resumption of periodic Medicaid recertification requirements, suspended during the COVID-19 pandemic, led to the disenrollment of 25 million people by September 2024. The loss of Medicaid likely affected noncitizens disproportionately, especially those facing language challenges.

State Variations in Benefits

While noncitizens encounter significant restrictions at the federal level, state policies can vary widely. Federal law allows states to create alternatives for certain groups. For instance, states can choose a “federal option” that lets them use a combination of state and federal funds to extend Medicaid coverage to specific noncitizen categories, bypassing the five-year waiting period. Since 2009, 40 states have taken advantage of this option to provide Medicaid coverage to some lawful immigrant children and pregnant women.

States cannot use federal funds to cover unauthorized immigrants, but some have chosen to fund their own programs. As of October 2024, the District of Columbia and 11 states—including California, Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington—have established their own Medicaid-like programs to assist certain unauthorized immigrant groups, typically children.

In 2023, California became the first state to vote to provide food assistance to all residents aged 55 and older, regardless of immigration status, effective in 2027. Additionally, some states have opened cash assistance programs like SSI and TANF to narrow categories of unauthorized immigrants, such as survivors of trafficking or domestic violence.

These varying state rules regarding noncitizens’ access to public benefits create a complex and confusing landscape, making it difficult to understand the overall situation.

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