Services accessible regardless of status

Most federal benefits depend on immigration status. However, the law excludes certain vital services from this restriction, including emergency medical care, public school, school meals, vaccinations and testing for communicable diseases, disaster assistance, and emergency shelter. On this page, you will find services you can apply for regardless of your status, where to go, and new rules you should be aware of.

• The 1996 welfare reform law (PRWORA) prohibits people who are not "qualified aliens" from receiving federal public benefits. Temporary visa holders are also not qualified aliens.
• However, the law excludes the following services from this prohibition:
  • Medicaid for the treatment of an emergency medical condition (except organ transplants)
  • Short-term, non-cash emergency disaster assistance
  • Vaccinations and the testing and treatment of symptoms of communicable diseases
  • Services provided locally regardless of income, as determined by the Attorney General, that are necessary to protect life or safety, such as soup kitchens, crisis counseling, and short-term shelters
• There are separate rules for school meals and child nutrition programs (below).

• Hospitals with emergency departments that participate in Medicare must provide a medical screening examination to everyone who comes to the emergency department. Labor is also considered an emergency condition.
• If there is an emergency medical condition, the hospital must stabilize the condition within its capabilities. If it cannot do so, it must transfer the patient to another hospital under appropriate conditions.
• A hospital cannot delay the examination or treatment to ask about your payment method or insurance.
• EMTALA guarantees access to treatment. You may receive a bill afterward. In that case:
  • If you meet your state's income and residency requirements, emergency Medicaid may cover the cost of emergency treatment (see 16.3 Medicaid and CHIP).
  • Tax-exempt (nonprofit) hospitals must have a written financial assistance policy. This policy covers all emergency and medically necessary care and may provide free or discounted care. Ask the hospital for the application form.
• If a hospital does not comply with EMTALA, anyone may file a complaint with the state's oversight agency (State Survey Agency).

• Elementary and secondary education (K-12): Under the Supreme Court's decision in Plyler v. Doe (1982), every child may enroll in basic public education regardless of immigration status. The Department of Education's 2025 interpretation also excluded basic education covered by Plyler from the restrictions. For enrollment, see 10.0 New arrivals: first 30-day checklist.
• School lunch and breakfast: Every child who may attend a free public school under state or local law cannot be excluded from school meal programs because of citizenship or immigration status.
• Your child may qualify for free or reduced-price school meals if:
  • your household is below the income limit
  • your family receives SNAP, TANF, or WIC
  • the child is in foster care or enrolled in Head Start
• Ask your school for the application form. You can apply at the beginning of the year or when your circumstances change.
• Summer meals (SUN Meals): All children age 18 and under can receive free meals during the summer. There is no application or income limit.

• WIC (Women, Infants, and Children) provides mothers and young children with food, nutrition counseling, and referrals to social services.
• If you are applying for yourself, you must be one of the following:
  • pregnant
  • a breastfeeding mother (until the baby turns 1)
  • within 6 months after giving birth or the end of a pregnancy
• If you are applying for your child, the child must be under 5 years old.
• Income, health, and residency requirements also apply. Your state's or territory's WIC agency will tell you how to apply and what to bring to your appointment.
• Immigration status: Federal law neither prohibits nor requires states to provide WIC to people who are not qualified aliens. In its July 2025 interpretation, the Department of Agriculture (USDA) announced that it would continue administering WIC under this specific provision. Implementation may vary by state; ask your WIC agency.

• National Hunger Hotline: Provides information in English and Spanish.
  • Phone: +1 866 348 6479 (1-866-3-HUNGRY) or +1 877 842 6273 (1-877-8-HAMBRE)
  • Hours: Monday–Friday, 8:00 a.m.–8:00 p.m. (U.S. Eastern Time)
• 211: Connects you with organizations and agencies that can help you find emergency food in your area.
• TEFAP (emergency food program): Apply through your state's agency. Federal law does not prohibit states from providing this program to people who are not qualified aliens.
• You can use HUD's shelter-finding tool, enter your ZIP code, and find the nearest food bank.
• Disaster SNAP (D-SNAP) may become available after a disaster declared by the President.

• Vaccinations and the testing and treatment of symptoms of communicable diseases are excluded by law from the immigration-status restriction.
• Community health centers offer:
  • prenatal care
  • infant vaccinations
  • general primary care
  • specialist referrals for mental health, substance use, and HIV/AIDS
• Fees are scaled according to your income (sliding fee). HealthCare.gov directs people who cannot obtain insurance to these centers.

• Emergency Medicaid, short-term emergency assistance, school meals and child nutrition programs, vaccinations and communicable disease services, Head Start, and services under Form I-864 are not considered "income-based federal public benefits." This means the sponsor will not be asked to repay the cost of these services.
• The situation is different in a public charge assessment. After September 18, 2026, any income-based benefit received may be considered. The officer will consider the nature of the benefit and why it is provided regardless of status.
• For details, see 16.5 "Public charge".

• Not going to the hospital in an emergency because of fear about immigration status.
• Not asking about the hospital's financial assistance policy when an emergency room bill arrives.
• Assuming immigration documents are required when enrolling a child in school.
• Not applying for school meals and failing to use the child's entitlement.
• Not asking what documents are required before going to a community health center.
• Assuming with certainty that services independent of status will never affect a green card.

• I do not have insurance. Can the emergency room turn me away? No. A hospital with an emergency department that participates in Medicare must examine you and stabilize the emergency condition. Asking about payment cannot delay treatment.
• What happens if I go to the emergency room in labor? Labor is an emergency condition under EMTALA; the hospital must provide an examination and stabilization. Ask about the hospital's financial assistance policy regarding the bill.
• Do I need a green card to enroll my child in school? No. Basic public education (K-12) does not depend on immigration status.
• Can I apply for WIC with a visa? Federal law allows states to provide this opportunity. Ask your state's WIC agency.
• Will school meals make my sponsor responsible? No. School meals are not considered an income-based federal public benefit for purposes of Form I-864.
• I cannot find food today. Who should I call? Call the National Hunger Hotline (+1 866 348 6479) or 211.

• Your EMTALA rights (PDF, CMS)
• EMTALA process overview (PDF, CMS)
• Find a community health center (HRSA)
• Find a WIC agency (USDA)
• Find a summer meal site (USDA)
• State TEFAP agencies (USDA)
• I-864P: Programs not included in sponsor obligations