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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/.