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Immigrants and Benefits in Virginia

Read this in: Español

Author: Amber Poron

If you or someone you love is an immigrant, you may be worried about what is happening right now. Immigration enforcement has increased across the country. Many families are scared. 

It is important to remember:

  • You have rights no matter your immigration status. This includes the right to stay silent, the right to refuse entry to your home without a warrant, and the right to a lawyer.
  • Knowing your rights ahead of time matters. If immigration officers come to your door or stop you on the street, it can be hard to think clearly in the moment. The more you know now, the better protected you and your family will be.
  • You may still be able to get help with food, health care, and other needs. Many immigrants worry that using benefits will hurt their immigration case. This is not always true. Don't let fear stop your family from getting help they need.
  • Be careful who you ask for help. Not everyone who offers immigration help is qualified. Only licensed attorneys or accredited representatives can legally give you immigration advice.

What situation are you in?

Getting help with food, health care, or other benefits

Many immigrants can still get help safely with food, medical care, and other basic needs. Don't let fear stop you from getting help your family needs.

Some people worry that using benefits will hurt their immigration case. This is called "public charge." Not all benefits count, and the rules can change. Read more: What is Public Charge?

Getting help with food:

Getting medical care:

Worried about your data privacy?

When you apply for benefits like Medicaid or SNAP, some of your personal information may be shared with other government agencies, including immigration agencies. This is happening because of new agreements between federal agencies.

This does not mean you should automatically stop using benefits or stop applying. Every family's situation is different. The risks depend on the program you are applying for and what information immigration agencies already have about you. An Enroll Virginia navigator can explain how your data could be shared.

A few things to know: 
  • You only need to provide a social security number for the family members who are applying for benefits. For example, if a parent applies for a child's Medicaid, only the child's social security number is required. If the person you’re applying for doesn’t have a social security number, you can leave it blank.
  • If you already have Medicaid or SNAP and immigration agencies already know your address, stopping your benefits may not lower your risk.
  • Children can often get benefits even if their parents cannot.
  • If you need help paying a hospital bill, you can apply for financial aid at the hospital. You do not have to apply for Emergency Medicaid. The information you give on your hospital financial aid application will not be shared with immigration agencies.

Read more about Data Privacy for Immigrants. (Available in English and Español.)

If you have questions about your specific situation, talk to an attorney at Legal Aid Justice Center. Call 804-643-1086.

Staying safe and knowing your rights

I want to make an emergency plan

It's smart to prepare before an emergency happens. You can make a plan for your family, name someone to care for your children, and organize your important documents. Here are some resources to help:

I want to know my rights if I encounter ICE

You have rights no matter your immigration status. You do not have to answer questions. You have the right to remain silent. You do not have to open the door in most situations. You only have to open the door for ICE if they have a valid warrant with your name and address, signed by a federal or state judge. 

I work at a school, church, hospital, or business

Organizations have rights too. ICE generally cannot enter private spaces without a warrant signed by a judge.

I want to understand recent legal changes

Immigration law has changed. There are new rules about who can be removed and new registration requirements.

If you are unsure whether you need to register, talk to an immigration attorney before doing anything.

A loved one has been detained

If someone you care about has been detained by ICE, act quickly. You have the right to find out where they are and contact them.

I need to find a trustworthy attorney

Be careful. Not everyone who offers immigration help is qualified or honest. Only attorneys and accredited representatives can give you legal advice.

Watch out for "notarios" and others who claim they can help but are not authorized to practice law.

Important things to remember

You have rights no matter your status.

Learn what they are so you are prepared.

You do not have to open the door. 

If ICE comes to your home, you can ask if they have a warrant signed by a judge. If they don't, you do not have to let them in.

You have the right to remain silent.

You do not have to answer questions from ICE or other law enforcement.

Make a plan now.

It is much easier to prepare before something happens than to figure it out in an emergency.

Be careful who you trust. 

Only work with licensed attorneys or accredited representatives for immigration legal help.

Where can I get help? 

  • Legal Aid Justice Center: The Legal Aid Justice Center provides free legal help for financially eligible people in certain areas of Virginia. They offer immigration consultations, immigration bond hearings, representing immigrants in ICE detention or ORR custody.
  • National Immigration Legal Services Directory: Online tool for free or low-cost immigration legal service providers by state, county, or detention facility.
  • Enroll Virginia: Navigators provide free help enrolling in health coverage. They can explain how data sharing and public charge work, so you can decide whether to apply for health benefits. A navigator can also help you apply for financial aid at a hospital.
  • Virginia Food Bank Locator: Online map of Virginia’s regional food banks. If you enter your ZIP code, it will tell you the name of your local food bank. Visit your regional food bank’s website to find food near you.