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Ice on Immigration:
Eligibility for Medical Care for Out-of-Status Children
By L. Patricia Ice, Featured
Columnist
Question: I am an undocumented migrant and so is my wife.
We have a 2 year-old child who is a United States citizen. He needs
general medical attention and we do not always have enough to eat. Is my
child eligible for Medicaid and/or WIC? If so, will Medicaid agents
report me to U.S. Immigration and Customs Enforcement officials if I
apply for my son?
Answer: Based upon
income, U.S. citizens, certain qualified lawful permanent residents and
non-citizen refugees and asylees are among those eligible for Medicaid.
Citizen children of undocumented parents are also eligible. The Medicaid
application form should allow you to enroll your U.S. citizen child
without asking you for your immigration status. The child will have to
provide proof of his U.S. citizenship (certified birth certificate),
identity and social security number to enroll. The Medicaid agency
should not ask for your immigration status unless you are also applying
for Medicaid. The only information you will need to provide for your son
is proof of household income and proof of state residency. State
residency can be proved by utility bills, school registration, even mail
addressed to you. As undocumented parents, you should simply say you are
only applying for Medicaid for your child, who is a U.S. citizen. All
states must provide Emergency Medicaid services to residents, regardless
of immigration status. Applicants for Emergency Medicaid don't need to
provide a social security number and can simply claim they do not have
satisfactory immigration status.
Medicaid should not report anyone to U.S. Immigration and Customs
Enforcement (ICE). Medicaid is only supposed to use immigration
information for the purposes of administering the program - determining
which applicants get which benefits. The only reporting to ICE that
should occur is if an applicant is found to have committed fraud in
obtaining the Medicaid benefits to begin with. Just knowing the parents
are undocumented by their own statements is not enough to report them to
ICE.
The Special Supplemental Nutrition Program for Women, Infants and
Children (WIC) is available to state residents, regardless of
immigration status.
For a discussion of eligibility requirements for Medicaid, WIC and other
Federal benefit programs please see the National Immigration Law Center
(NILC) website at http://www.nilc.org/.
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