Immigrant Justice Response Team
"Our aim is to strengthen Indivisible ADK/Saratoga's work in immigrant justice by focusing our efforts and collaborating with the many existing, wonderful organizations in our communities. We're here to amplify voices, connect resources, and take specific actions that will make a real difference for immigrants in our region
Letter to the Editor on Immigrant Torture-by Lale Davidson
When people say “ICE is a Good Thing”
These are the FACTS they don’t know.
Undocumented immigrants in the United States are generally ineligible for most federal means-tested public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which restricts access to programs like non-emergency Medicaid, the Children's Health Insurance Program (CHIP), Temporary Assistance for Needy Families (TANF), the Supplemental Nutrition Assistance Program (SNAP), and Supplemental Security Income (SSI). However, certain exemptions and state-funded options exist. Below is a publishable list of available public benefits, categorized by federal and state levels. This information is based on current policies as of 2025 and may vary by location or change over time; individuals should consult local agencies or legal experts for personalized guidance.
Federal Public Benefits Available to Undocumented Immigrants
These are limited to emergency and essential services that do not require "qualified immigrant" status:
Emergency Medicaid: Covers emergency medical services for those who meet income and other eligibility criteria but lack qualifying immigration status. It does not include ongoing or preventive care.
Public Health Programs: Includes immunizations and testing/treatment for communicable diseases, available regardless of immigration status.
School Breakfast and Lunch Programs: Provided to all schoolchildren, including those who are undocumented, through the National School Lunch Program and School Breakfast Program.
Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Offers nutrition assistance to eligible pregnant women, new mothers, infants, and young children, with access available in every state regardless of immigration status.
Short-Term Noncash Emergency Disaster Assistance: Provides aid such as food, water, and temporary shelter during disasters, without immigration status restrictions.
In-Kind Services Necessary to Protect Life or Safety: Includes access to soup kitchens, short-term shelters, crisis counseling, and community services like child/adult protective services or weather emergency programs, as long as no income qualification is required for the household.
Public K-12 Education: Free public education for children, mandated by federal law regardless of immigration status.
Note: A 2025 policy update expanded the list of barred federal programs to include additional services like Head Start and Title X family planning, but the exemptions above remain intact.
State-Funded Public Benefits Available to Undocumented Immigrants
Many states use their own funds to extend benefits to undocumented immigrants who are barred from federal programs. Availability varies widely by state, and not all states offer these. Examples include:
Benefit TypeDescriptionStates Offering (Examples)Health Coverage (Medicaid/CHIP Equivalents)State-funded health insurance for children, pregnant individuals, young adults, or all ages, regardless of immigration status. This may include prenatal and postpartum care.California, Colorado, Minnesota, Oregon, Washington, District of Columbia (full coverage for all eligible immigrants); 44 states cover immigrant children and/or pregnant people; New Jersey, New York, Vermont (prenatal care). Nutrition AssistanceState-funded alternatives to SNAP for food support.California, Illinois, Maine, Massachusetts, Minnesota, Washington. Cash Assistance for Seniors and People with DisabilitiesMonthly cash benefits for aged, blind, or disabled individuals ineligible for federal SSI.California, Hawaii, Illinois, Maine, New Hampshire, Washington. TANF or General Cash AssistanceTemporary cash aid for needy families, funded by states to cover those barred from federal TANF.Over half of states provide some form to immigrants, including undocumented in limited cases (specifics vary).
Local programs, such as those in cities like San Francisco, may offer additional support like food, cash, or health aid, but these are not uniform nationwide. Undocumented immigrants may also access services from non-profit organizations without immigration verification requirements.
Types of Taxes Paid by Undocumented Immigrants
Income Taxes:
Undocumented immigrants often pay federal and state income taxes. Many use an Individual Taxpayer Identification Number (ITIN) issued by the IRS, which allows individuals without a Social Security Number (SSN) to file taxes.
In 2021, an estimated 6 million undocumented immigrants filed tax returns, contributing roughly $79.7 billion in total taxes, including $27 billion in federal income taxes and $9.9 billion in state income taxes.
Some use fraudulent SSNs or work under false identities, which still results in income tax withholding by employers.
Payroll Taxes:
Undocumented workers contribute to Social Security and Medicare through payroll taxes deducted from their wages. In 2010, they paid an estimated $13 billion into Social Security, despite being ineligible for most benefits.
These contributions are often made under ITINs or mismatched SSNs, meaning they fund programs they cannot access.
Sales and Excise Taxes:
Undocumented immigrants pay sales taxes on goods and services and excise taxes on items like gasoline, alcohol, and tobacco, as these are applied universally at the point of purchase.
These taxes contributed to the $79.7 billion total tax revenue from undocumented immigrants in 2021.
Property Taxes:
Undocumented immigrants pay property taxes either directly (if they own property) or indirectly (through rent, as landlords factor taxes into rental costs). In 2021, they contributed an estimated $42.8 billion in state and local taxes, including property taxes.
How Undocumented Immigrants Pay Taxes
ITIN Usage: The IRS issues ITINs to individuals who need to file taxes but lack SSNs. Over 4.3 million ITIN holders, many of whom are undocumented, file taxes annually. They use ITINs to report income from jobs, self-employment, or other sources.
Employer Withholding: Many undocumented immigrants work in industries like construction, agriculture, or hospitality, where employers withhold income and payroll taxes from paychecks. These taxes are remitted to the government regardless of the worker’s status.
Cash Economy and Self-Employment: Some undocumented immigrants work in cash-based jobs or are self-employed. Those using ITINs report this income and pay taxes, though underreporting can occur in informal economies.
Consumer Taxes: Sales and excise taxes are paid automatically when purchasing taxable goods or services, requiring no special process.
Property Ownership or Rent: Undocumented immigrants can own property in some states, paying property taxes directly. Renters contribute indirectly as landlords include tax costs in rent.
Additional Context
Economic Impact: Undocumented immigrants contribute significantly to the economy, with an estimated $13 billion in net fiscal contributions annually, as their tax payments often exceed the cost of public services they use.
Barriers to Benefits: Despite paying into systems like Social Security and Medicare, undocumented immigrants are ineligible for most federal benefits, such as Social Security payments or non-emergency Medicaid.
State Variations: Some states, like California and New York, have programs encouraging tax filing among undocumented immigrants, offering state-level credits like the Earned Income Tax Credit (EITC) to ITIN filers.
For specific guidance on tax filing or benefits, undocumented immigrants should consult tax professionals or organizations like the IRS or local non-profits, as policies can vary by state and change over time.
