Are Immigrants Eligible for Federal Programs?

Immigrants contribute a lot to this country, whether they are here lawfully or not. However, immigrants without lawful status may not know what benefits they can get if they have a workplace injury, lose their jobs, or their children get sick.

Eligible immigrants, depending on their status, may access Social Security, disability, food stamps, and medical benefits to help a struggling family pull through after an injury or illness. State benefit programs can provide additional help. For more information about how immigrants can benefit from state and federal programs, talk to a local immigration attorney.

Immigrant Eligibility and Restrictions

Different federal programs have different eligibility requirements. Eligibility for these federal benefits depends on several factors, including:

• Income
• Assets
• Household size
• Work credits
• Immigrant category

Immigration status is a factor for many federal programs. Undocumented status may mean you are ineligible for benefits. However, even if you are undocumented, your children may be eligible for federal or state benefits if they have lawful status. Generally, undocumented immigrants do not qualify for most federal public benefits, including:

• SNAP (food stamps)
• Medicaid
• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• ACA (Obamacare) subsidies

Qualified non-citizens who may be eligible for benefits still have to meet the other requirements of the programs, which may include work requirements, income limits, and asset limits. Qualified non-citizens for federal benefits vary by program, and may include:

• Lawful permanent residents (green card holders)
• Asylees
• Refugees
• Temporary protected status (TPS)
• Those paroled into the U.S. for at least one year
• Non-citizens, spouses, children, or parents who are victims of domestic violence
• Victims of trafficking
• Those granted withholding of deportation

Even if you are not eligible for federal benefits, check your state public benefit programs. Many state-funded programs make immigrants eligible for benefits, including healthcare, food assistance, and temporary cash benefits.

Temporary Benefits With TANF

Temporary Assistance for Needy Families (TANF) is a program that provides cash benefits to help low-income families with children achieve self-sufficiency. TANF is a state-level program that provides monthly cash assistance payments and other services. Eligibility depends on immigration status.

TANF is available for LPRs with a substantial work history or military connection, as well as refugees, asylees, and other humanitarian cases, though most LPRs must meet a five-year residency requirement. For other LPRs, there may be additional eligibility requirements. LPRs without 40 quarters of work earnings are generally not eligible for five years after entry. Generally, unauthorized immigrants are not eligible for TANF benefits.

Medicaid and CHIP for Non-Citizens

Medicaid and the Children’s Health Insurance Program (CHIP) provide health care benefits. Immigrants who are “qualified non-citizens” are generally eligible for Medicaid and CHIP. Qualified non-citizens include:

• Lawful permanent residents (green card holders)
• Asylees
• Refugees
• Cuban/Haitian immigrants
• Those paroled into the U.S. for at least one year
• Conditional entrants who arrived in the U.S. before 1980
• Battered non-citizens, spouses, children, or parents
• Victims of trafficking
• Those granted withholding of deportation
• COFA migrants or citizens of the Marshall Islands, Micronesia, and Palau who are living in a U.S. state or territory

Some non-citizens, including green card holders, have a five-year waiting period before they can get health benefits. Other non-citizens, including refugees and asylees, are exempt from the waiting period.

SNAP Food Assistance

SNAP is the Supplemental Nutrition Assistance Program (SNAP). This federal government program is operated at the state level to provide access to food. No family should have to worry about going hungry when the country produces more food than we can consume. SNAP provides nutrition benefits to help families get enough healthy food without worrying about where their next paycheck will come from.

SNAP benefits are available to lawfully present non-citizens who meet the SNAP qualifications. Eligibility is based on a few factors, including income, resources, number of children, and work requirements. Some eligible non-U.S. citizens are eligible without a waiting period, including:

• Qualified children under 18 years old
• Refugees
• Victims of trafficking
• Asylees
• Elderly individuals born on or before August 22, 1931, who lawfully resided in the U.S. on August 22, 1996
• Lawful permanent residents (LPRs or green card holders) in the U.S. who are receiving government payments for disability or blindness
• Green card holders with a military connection

Other qualified non-citizens are eligible after a waiting period, including LPRs with 40 quarters of work.

Special Supplemental Nutrition Program for Women, Infants and Children (WIC)

WIC benefits are highly accessible as they do not require applicants to be lawfully present or have a specific immigration status. Pregnant and postpartum individuals, infants, and children under the age of 5 can qualify for WIC benefits. WIC provides monthly benefits for healthy foods, formula, and baby food. WIC also provides counseling and health care referrals.

Disability and Social Security with SSI and SSDI

Qualifying immigrants are eligible for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Generally, if you have worked and paid into the Social Security system with enough work credits, you are eligible for benefits. For SSI and SSDI, you may have to fall within one of the classifications granted by the Department of Homeland Security (DHS), including:

• Lawfully admitted for permanent residence
• Granted conditional entry
• Paroled into the United States
• Admitted as a refugee
• Granted asylum
• Had removal (deportation) withheld
• Admitted from Cuba or Haiti
• Admitted as an Amerasian immigrant
• Admitted as an Afghan or Iraqi special immigrant

Other non-citizens may be eligible for disability benefits, and there may be work requirements to qualify. 

Have Immigrant Benefit Questions?

U.S. immigration law is complex and changes all the time. Experienced immigration law attorneys in our directory can guide you through the system and protect your rights. For legal advice about immigrant benefits and other questions, talk to a local immigration attorney.