Quick Guide to Health Care Rights of Immigrants
In Triage Cancer's free Quick Guide to the Health Care Rights of Immigrants, you'll learn about terms related to immigration status, health care resources available to immigrants, and more!
Under immigration law there is a broad category of individuals who are “lawfully present” in the United States. This Quick Guide explains the health care rights of “lawfully present” immigrants in the United States. It is important to note that each member of a family may have a different immigration status, and therefore, may have different options. Many of the rules around accessing various types of health insurance changed in 2025. Please be aware that this area of the law is frequently changing and the latest information can be found at TriageCancer.org.
Lawfully present immigrants include:
- Lawful Permanent Residents: also known as “green card holders,” are individuals who are not U.S. citizens, but are authorized to permanently live within the U.S.
- People residing under the Compacts of Free Association (CFA): citizens of Micronesia, Marshall Islands, & Palau
- Cuban and Haitian entrants: certain individuals from Cuba or Haiti who are eligible for specific refugee benefits and services because of their humanitarian status
- Refugees: individuals compelled by force to leave their countries of origin due to their race, social and/or political affiliations, religion, or national origin
- Asylees: individuals considered “refugees” who travel directly to the U.S. as a “safe haven” country
- Humanitarian Status or Circumstances: includes Parolees, Temporary Protected Status, Special Juvenile Status, asylum applicants, Convention Against Torture, victims of trafficking
- Legal status conferred by other laws: e.g., temporary resident status, LIFE Act, Family Unity individuals
- Valid non-immigrant visas: e.g., work, school
Individuals who entered the U.S. under age 16 unlawfully, or who fell out of lawful status, may have access to protected status under the Deferred Action for Childhood Arrivals (DACA) program that began 8/15/12. New DACA applications are not being processed due to ongoing court cases, but applications can be renewed.
Health Care Resources by Immigration Status
| Program | Employer-sponsored insurance | Marketplace Plans | Marketplace Financial Assistance | Medicare | Medicaid & CHIP |
|---|---|---|---|---|---|
| Lawful Permanent Residents | Eligible | Eligible | Eligible | Eligible | Eligible after 5-year waiting period; eligible for emergency Medicaid, states may allow children and pregnant adults immediate access; may also be a state-funded option |
| Certain Cuban & Haitian Entrants | Eligible | Eligible | Eligible | Eligible | Eligible |
| Individuals Residing Under CFA | Eligible | Eligible | Eligible | Eligible | Eligible |
| All Other Individuals Lawfully Present | Eligible | Eligible | No longer eligible as of 1/1/27; for those with incomes under 100% FPL, premium tax credit eligibility ends 1/1/26 | No longer eligible as of 7/4/25; those already enrolled will be disenrolled from coverage no later than 1/4/27 | No longer eligible as of 10/1/26, except emergency Medicaid; states may allow children and pregnant adults access; may also be a state-funded option |
| DACA Recipients | Possibly Eligible | No longer eligible as of 8/25/25 | No longer eligible as of 8/25/25; most states terminated coverage by 9/30/25 | Not Eligible | Eligible for emergency Medicaid; may also be a state-funded option |
| Undocumented Immigrants | Possibly Eligible | Only in CO & WA (as of 2025) | Not Eligible* | Not Eligible | Eligible for emergency Medicaid; may also be a state-funded option |
* May be eligible for state assistance in Colorado and Washington
Other Resources for Immigrants
| Program | Lawful Permanent Residents | Certain Cuban & Haitian Entrants | Individuals Residing Under CFA | Lawfully Present Individuals | DACA Recipients | Undocumented Immigrants | |
|---|---|---|---|---|---|---|---|
| BCCTP: Breast & Cervical Cancer Treatment Program | Eligible | Eligible | Eligible | Eligible | Eligible | Eligibility varies by state: TriageCancer.org/StateResources | https://TriageCancer.org/StateResources |
| SNAP: Supplemental Nutrition Assistance Program | Eligible after 5-year waiting period; have credit for 40 quarters of work; or in a military/veteran family | Eligible | Eligible | Not eligible after 11/1/25 for new applicants and at recertification for existing enrollees | Not Eligible | Not Eligible | |
| TANF: Temporary Assistance for Needy Families | Eligible after 5-year waiting period; same states do not have a waiting period | Eligible | Eligible and exempt from 5-year waiting period | May be eligible if a "qualified immigrant" under PWORA | Not Eligible | Not Eligible | |
| SSI: Supplemental Security Income | Eligible after 40 quarters of work credit and have had status for 5 years, or meet another exception | Only eligible during first 7 years after granted status, or meet another exception | Eligible | May be eligible if a "qualified immigrant" under PWORA | Not Eligible | Not Eligible | |
| Hospital Ability to Pay Programs | Eligibility depends on each hospital's rules. | ||||||
| Community Health Centers | Eligible | Eligible | Eligible | Eligible | Eligible | Eligible | |
| Hill-Burton | Eligible for services in any hospital or facility that received Hill-Burton funds under Title VI of the Public Health Service Act. Total Obligated Facilities: 127 (as of 11/10/21). No Obligated Facilities: AK, DC, DE, IN, MD, MN, NE, NV, ND, OH, RI, SD, UT, VT, WY, & all territories except PR. To see a list of facilities: www.hrsa.gov/get-health-care/affordable/hill-burton/facilities.html |
The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law that requires hospitals to screen and treat all patients who seek emergency care.
State Specific Programs: Some states may use state-funds to “waive” the 5-year waiting period for some lawfully present immigrants. Undocumented immigrants may have more options for health care assistance through state-funded programs. For example, California, Colorado, Connecticut, DC, Illinois, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Utah, Vermont, and Washington have expanded their Medicaid programs to provide health insurance to all children regardless of immigration status. And, California, Colorado, DC, Illinois, Minnesota, New York, Oregon, and Washington have expanded their Medicaid programs to provide health insurance to some or all low-income adults regardless of immigration status. However, as a result of recent changes to federal law and budget challenges, some states have or are considering capping enrollment or ending programs. For the latest information, contact your state Medicaid agency: TriageCancer.org/StateResources.
Public Charge Rule: An individual who is deemed likely to become a “public charge.” meaning that they are likely to become primarily dependent on the government for subsistence, can be denied admission to the U.S. or lawful permanent residence (LPR status). This rule does not apply to all immigrants. Dependence on the government can be shown by either receipt of public cash assistance (TANF or SSI) or institutionalization for long-term care at government expense. On 11/17/25, the U.S. Department of Homeland Security proposed a new rule, to rescind the 2022 public charge rule and to make changes to how the government will look at the receipt of all public benefits as ground for denied admission to the US or LPR status. It is currently unclear what the details of those changes will be.
For more information:
Last updated: 12/2025
Disclaimer: This handout is intended to provide general information on the topics presented. It is provided with the understanding that Triage Cancer is not engaged in rendering any legal, medical, or professional services by its publication or distribution. Although this content was reviewed by a professional, it should not be used as a substitute for professional services. © Triage Cancer 2025
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