Immigrants can use some welfare programs, but not all, and the rules depend on immigration status and the specific program

Whether an immigrant can receive welfare depends on three things: their immigration status, how long they have lived in the United States, and which program they are trying to use. A lawful permanent resident who has lived here for five years may may have access to for programs that a recent arrival on a visa cannot. A citizen cannot be denied benefits because of national origin, but a non-citizen may be denied based on status alone. The programs themselves have different rules — some are open to all residents regardless of status, others require citizenship, and many fall somewhere in between.

The federal government sets baseline rules, but states and counties add their own restrictions. A program available to immigrants in one state may be closed to them in another. This means the only way to know whether you can use a specific program is to check with that program directly in your state.

Key Takeaways

  • Lawful permanent residents who have lived in the United States for five years or more can use most federal welfare programs on the same terms as citizens.
  • Recent arrivals and people on temporary visas are usually barred from federal welfare programs, though some states and cities have created their own programs for them.
  • Undocumented immigrants cannot use most federal welfare programs, but may be able to use emergency medical care, school meals, and some state or local programs.
  • Each program has its own rules about who can use it, so you must check with the specific program in your state rather than assuming a general rule applies.
  • Immigration status is separate from may be able to access for programs that do not ask about it, such as food banks and some housing information.

How immigration status affects federal welfare programs

Federal welfare programs are governed by a rule called the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), passed in 1996. This law created categories of non-citizens and set different rules for each. The categories are: lawful permanent residents (green card holders), refugees and asylees, people with temporary protected status, and all other non-citizens.

Lawful permanent residents who have lived in the United States for five years or more can use most federal programs — Supplemental Security Income (SSI), Temporary information for Needy Families (TANF), and the Supplemental Nutrition information Program (SNAP) — on the same terms as citizens. Those who have lived here for fewer than five years are usually barred from SSI and TANF but may still use SNAP.

Refugees and asylees have different rules. They can use federal welfare programs for their first seven years in the country, even if they have not yet become permanent residents. After seven years, they must either become permanent residents or lose access to most programs.

All other non-citizens — including people on temporary visas, recent arrivals without status, and undocumented immigrants — are barred from federal welfare programs with very few exceptions.

Programs that do not have immigration restrictions

Some programs do not ask about immigration status at all, either because federal law does not allow them to or because states have chosen not to enforce restrictions. These programs are open to anyone who meets the other requirements.

Emergency medical care through Medicaid is available to anyone who needs it, regardless of immigration status. This covers hospital emergency rooms and urgent care for life-threatening conditions. It does not cover routine doctor visits or preventive care.

School meals — breakfast and lunch programs in public schools — are available to all children who attend school, regardless of immigration status or family status. A child does not need to provide a Social Security number or proof of citizenship to eat in the school cafeteria.

WIC (Women, Infants, and Children) is a federal nutrition program for pregnant women, new mothers, and young children. Some states allow non-citizens to use WIC; others do not. You must check with your state's WIC program to know whether you can use it.

Food banks and community meal programs do not ask about immigration status. These are run by nonprofits and local organizations, not by the government, so they set their own rules. Most do not ask questions about status at all.

State and local programs for immigrants

Some states and cities have created their own welfare programs specifically for immigrants who cannot use federal programs. These programs vary widely in what they cover and who can use them.

California, New York, and Illinois have some of the broadest programs. California offers state-funded versions of SSI and TANF to immigrants who do not meet federal rules. New York offers cash information and food benefits to some non-citizens. Illinois offers SNAP to some immigrants who are barred from the federal program. Other states offer nothing beyond what federal law requires.

To find out whether your state has programs for immigrants, contact your state's department of human services or social services. You can also call 211 (a free helpline) and ask what programs are available in your area for immigrants.

What "public charge" means and how it affects immigration status

One reason many immigrants avoid welfare programs is fear of the public charge rule. This rule says that using certain benefits can make it harder to become a permanent resident or citizen, or can be used against you in immigration court.

The rule applies to certain programs: SSI, TANF, and long-term institutional care (such as a nursing home paid for by Medicaid). It does not explore to SNAP, Medicaid for emergency care, school meals, or WIC. Using these programs will not hurt your immigration case.

The public charge rule is complex and changes depending on your immigration status and what you are trying to do. If you are in the middle of an immigration case or are planning to explore for permanent residency, you should talk to an immigration lawyer before using any welfare program. Many nonprofits offer free immigration legal help; you can find one through the Executive Office for Immigration Review's list of free and low-cost providers.

How to find out what you can use in your state

The fastest way to know what programs you can use is to contact the program directly. Each program has a state office that can tell you the rules in your state.

For SNAP, call your state's SNAP office or visit the USDA's SNAP locator at fns.usda.gov. For Medicaid, call your state's Medicaid office. For TANF and other state programs, call your state's department of human services or social services.

If you do not know which office to call, dial 211 (a free helpline available in most areas) and tell them your immigration status and what you need. They can tell you which programs might be available to you and how to contact them.

Bring your immigration documents when you call or visit. Have your green card, visa, work permit, or other immigration paperwork ready so you can answer questions about your status accurately.

Frequently Asked Questions

Can I use welfare if I am on a temporary visa?

Most federal welfare programs are closed to people on temporary visas. However, some states and cities have created their own programs that may be open to you. Call 211 or your state's human services office to ask what is available in your area. Emergency medical care is always available regardless of visa status.

Will using welfare hurt my chances of becoming a permanent resident?

It depends on which program you use. Using SNAP, Medicaid for emergency care, school meals, or WIC will not hurt your immigration case. Using SSI, TANF, or long-term institutional care may hurt your case. If you are in the middle of an immigration process, talk to an immigration lawyer before using any program. Many nonprofits offer free legal help.

Can I use welfare if I am undocumented?

You cannot use most federal welfare programs. You can use emergency medical care, school meals for your children, and WIC in some states. Food banks and community meal programs do not ask about status. Some cities and states have created programs for undocumented immigrants; call 211 to find out what is available where you live.

Do I have to be a citizen to use food banks?

No. Food banks are run by nonprofits and do not ask about immigration status or citizenship. You can use them regardless of your status. The same is true for most community meal programs and soup kitchens.

What documents do I need to bring when I explore for a program?

Each program asks for different documents. Generally, bring your immigration documents (green card, visa, work permit, or other proof of status), proof of where you live, and proof of income. Call the program before you go so you know exactly what to bring.