Families Should Stay in Medicaid/CHIP After Court's Immigration Ruling
We believe Texas children and pregnant women must be able to get the medical care they need to stay healthy.
So we are deeply concerned about the U.S. Supreme Court's ruling yesterday on a key Trump administration immigration policy. The Court determined that the new Public Charge rule for green card applicants can take effect as lower courts consider the legal challenges against it. We are very concerned that the ruling will scare families into pulling out of critical health care programs.
As news of the ruling spreads, we need your help reassuring scared Texas families that they should "keep calm and stay enrolled."
Specifically:
If families are going to apply for a green card (legal permanent residency) from INSIDE the United States, it is SAFE to keep their children enrolled in programs like Medicaid, CHIP, housing assistance, and SNAP food stamps and SAFE for pregnant women to stay enrolled in CHIP-Perinatal and Medicaid.
If families are going to apply for a green card from OUTSIDE the United States, they should check with an attorney to see how the new rule might affect them.
The fact is, most immigrants in Texas are not eligible for public benefits, regardless of this new rule. But there are many mixed status families with children who are U.S. citizens or lawful residents — and those kids should stay enrolled in these critical health and nutrition services.
Here's more information about who and what is covered by the new rule:
When the new rule takes effect, it will penalize applicants for green cards if they themselves (not their children) have legally enrolled in a public assistance program.
Because of program eligibility rules in Texas, only a very small number of legally-present immigrants without green cards can personally use SNAP food stamps or housing assistance and therefore be affected by the rule when they apply for a green card.
The new rule does NOT penalize a green card applicant for using Children’s Medicaid (up to age 21), CHIP, Medicaid for Pregnant Women, ACA subsidies, emergency medical care, WIC, or school breakfast or lunch.
The new rule does NOT consider benefits used by the applicant’s family members.
For green card applicants applying within the U.S., there is NO benefit to a if their family members drop their Medicaid, SNAP, CHIP, ACA subsidies, school meals, or other important services.
Those who already have their green cards are NOT affected by this rule when they apply to become a citizen.
Refugees, asylees, and several other humanitarian immigration categories are also NOT included in the rule.
Because undocumented immigrants are NOT eligible for Medicaid or SNAP, this new rule will NOT directly affect them.
One of the big reasons that many organizations and elected officials oppose this rule is that it WILL make it much harder for immigrants to obtain a green card if their family income is low enough for children or a spouse to qualify for Medicaid or SNAP. That income-based penalty applies to green card applicants whether or not they or a family member have enrolled in SNAP, Medicaid, or other programs.
To determine if the rule affects a family member who is currently applying for a green card or is legally present and plans to apply for a green card in the future, families should consult with a qualified immigration legal services provider. Texas has many reputable community organizations that can provide free or low-cost help.
Thank you for standing up for health care for Texas families!