Data Privacy, Immigration Status, and Applying for Benefits

When you apply for Medicaid or SNAP, the government agencies that manage those benefits may collect personal information about you. In some cases, that information may be shared with other government agencies, including immigration officials. It is important to understand what could be shared, so you can decide what is best for you and your family.

Some government agencies that manage public benefits now have agreements to share information with federal immigration officials. The government has said that Immigration and Customs Enforcement (ICE) can access some information about Medicaid recipients, including: 

• Your address
• Your date of birth
• Your contact information

These changes do not affect everyone in the same way. For many families, it may still make sense to keep or apply for benefits. In some cases, the changes may not affect you at all. Every family should think about the benefits of getting health care or food assistance and the possible risks of immigration officials accessing your personal information. This page covers what personal information could be shared when you apply, so you can make an informed decision. 

You do not have to review your options alone. Free help is available. Contact Enroll Virginia for help with your health coverage options. Your local legal aid office may be able to help with a SNAP application. If you have questions about data sharing, you can talk with a legal aid attorney at Legal Aid Justice Center: 804-643-1086.

If I already have Medicaid or SNAP, should I end my benefits? 

In general, ending your benefits will not make your information more private.

If you're already receiving benefits and your address hasn't changed, the government already has the information you provided. Canceling your benefits will not remove that information from government records, so there is no extra risk to your privacy if you stay enrolled.

Should I still apply for Medicaid and SNAP if I am eligible? 

It depends on your situation. If immigration agencies already have your current information and address, applying for Medicaid or SNAP is unlikely to give them much new information. 

Immigration agencies already have your information if you have done any of the following while living at your current address: 

• Submitted an immigration application
• Attended immigration court appointments
• Have an immigration status

If you've moved since any of these happened, immigration agencies may have your previous address instead. 

If immigration agencies have your current information, applying for Medicaid or SNAP may not increase the information they have about you. 

Each family should weigh the benefits of getting health coverage or food assistance against the possible risks of immigration officials accessing your personal information. 

Should I still apply for Medicaid and SNAP for my U.S. citizen children if I do not have status? 

For Medicaid: 

If you apply only for your child, current information suggests that Medicaid only collects information about the child who receives benefits. Federal Medicaid agencies likely do not have any data about the adult family member who is applying on the child's behalf. 

For SNAP: 

SNAP works differently. The federal SNAP agency has asked states to share information about household members. A non-applicant household member should not be required to share their immigration status if they are applying for SNAP for another person. However, current information suggests that Virginia tracks the immigration status of non-applicant parents, siblings, and caretakers in a SNAP recipient’s household.  

Should I still apply for Emergency Medicaid for immigrants? 

Immigrants who do not qualify for full-benefit Medicaid can still get Emergency Medicaid to cover emergency services. People can apply for Emergency Medicaid at any time, in case they have an emergency in the future. But you can also apply within a short period of time after an emergency, which would protect your personal information until you actually need the coverage. Consider speaking to a lawyer if you need specific advice. 

Every family should think about the benefits of getting health care or food assistance against the possible risks of immigration officials accessing your personal information. 

You may want to apply for financial assistance from the hospital where you received care. Many people qualify for help paying their hospital bills. Applying for financial hospital assistance is different from applying for Emergency Medicaid. The hospital does not share your information with government agencies when you apply. Read more: How to Apply for Hospital Financial Assistance in Virginia 

Will having Medicaid or SNAP harm my immigration status or application due to public charge? 

A new public charge rule will go into effect later this year. Many immigrants do not have to worry about the public charge test at all. Protecting Immigrant Families has up-to-date information about the new rule. 

Read more: Public Charge Regulation Toolkit from Protecting Immigrant Families 

Is there anything else I can do to protect myself? 

Keep a copy of any information you provide when you apply for benefits to make sure the details are accurate.  

When you apply over the phone, you cannot see what the worker enters into the system, and mistakes can happen. It's a good idea to apply for Medicaid or SNAP online using CommonHelp or by submitting a paper application. Always keep a copy of your completed application for your records.  

Where can I get free or low-cost help? 

• Get help applying for Medicaid: enrollva.org/get-help or call 888-392-5132 
• Talk with a legal aid attorney at Legal Aid Justice Center about data privacy: 804-643-1086 
• If you don’t have health insurance, you may be able to get care at a free clinic or community health center without insurance for free or a low cost based on your income. Call a clinic or health center near you to get more information about any requirements and to schedule your first appointment: enrollva.org/clinics 
• Learn more about the financial help available for your medical bills from the Consumer Finance Protection Bureau: consumerfinance.gov/ask-cfpb/is-there-financial-help-for-my-medical-bills-en-2124/ 
• If you are struggling to buy food, you may be able to get free groceries at a local food pantry. Some food pantries have rules about who can use them. They may need you to bring something to prove your address or income. Call your local pantry before you visit to learn more: vafoodbanks.org/find-food 
• Read more: Public Benefits and Resources for Immigrant Families

Things to remember

• If you apply for benefits, your information may not be private. The federal government may share your address, date of birth, and other information with immigration agencies.  
• If the government already has your information, there may be little reason to cancel your benefits. If the government has your information another way, like from an immigration application, applying for benefits will not put you at greater risk. 
• Privacy is different if you are applying for a family member. If you are applying for Medicaid for your citizen child, the federal government will not collect your information. If you apply for SNAP, Virginia may keep track of your immigration status.  
• Every family must make their own decision about what is best. There is no right answer for all immigrant families.  
• Free help is available. Legal aid can help you review your options and apply for benefits.