By Deborah Ibonwa
Some people who are eligible for benefits are not applying for them because they have heard people in the community say that the Trump Administration has requested information from state agencies, and that this information could identify non-citizens who use certain public benefit programs. This column is a summary of what you need to know if you are an immigrant and have received (or plan to apply for) MaineCare, food stamps (SNAP), income support (TANF), General Assistance (GA), or any other state or local benefit program.
Please note that if you want more information you can contact Maine Equal Justice for free, confidential legal advice. Many recent federal changes have impacted immigrants’ public benefit access, and some of what is true now could change in the future. Maine Equal Justice is committed to staying up to date and sharing as much accurate information as we can, so that you and your loved ones can make the best decisions for yourselves and your families when looking for help meeting your basic needs.
Your Privacy Rights in Benefits Programs
Generally, states are not allowed to use or share personal information from benefit applications without asking for – and receiving – your permission. However, the Trump Administration is testing those legal limits. Many states, including Maine, are fighting the federal government in the courts, seeking to protect the privacy of applicants’ personal information. This means that your information is currently legally protected, but we don’t know what will happen in the future. The Maine Department of Health and Human Services (DHHS) will share updates online to ensure people are well-informed about their data privacy. Maine Equal Justice will also share these updates when we see them.
States will ask you for personal information, such as your name, address, and immigration status, to determine your eligibility for most benefits. But they cannot force you to give that information.
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For most public benefit programs, the state needs to have information about you – like your income, age, Social Security Number (if you have one), and immigration status – to see if you meet certain requirements to receive the benefits for which you have applied.
However, only those applying for benefits need to provide immigration status information, and generally DHHS may not share this information with anyone else unless they first ask your permission.
Examples of information required for benefits:
- MaineCare, TANF, and SNAP: When you apply for these benefits through DHHS, you have to provide the names and information (such as income) of everyone who lives in the household so that DHHS can determine eligibility. However, you don’t need to provide the immigration status or Social Security number of ineligible household members or household members who aren’t applying for benefits. You only have to provide the immigration status information of people who are actually applying for those benefits.
For example, you may know that adults who are seeking asylum are ineligible for MaineCare, while all children in Maine are eligible for MaineCare regardless of status. If you and your children are seeking asylum, you can apply for MaineCare for the kids without providing the immigration status of the ineligible adults in your household. If your kids or other household members are eligible, they can’t be denied benefits because you’re ineligible or because you refused to give your immigration status information. No one’s personal information should be shared outside of DHHS except in very limited situations.
- General Assistance (GA): If you want to receive GA, you will be required to share your immigration status. Just like when you apply to any other public benefit program, you can’t be forced to give your information, but you can be denied if you don’t share it. If there are other people you live with who do not want to receive GA, they may be required to share some of their information. Your city or town’s GA office will ask how many people you live with and what their income is. However, the only information they can require for an application is the personal information of the applicants and members of the applicant’s family, together with the income and names of the people the applicants live and share expenses with.
Key Ideas to Remember
1. If the federal government is already aware that you live in the U.S. and knows your address (for example, from an application for immigration relief), then there may not be any new risks associated with applying for benefits – or protections if you stop using that benefit.
For example, if you have a pending application for asylum and you haven’t moved, the government already has access to the information you supplied to the Immigration Court or Department of Homeland Security for your application.
2. There have been no recent changes to the “public charge” rules. Receiving some kinds of public benefits has always impacted some people’s ability to get a green card, but remember:
Whether or not you receive public benefits does not impact your application for asylum or your ability to adjust your status as a refugee or asylee.
Receiving MaineCare and SNAP are not considered in the current public charge determination. On the other hand, General Assistance and TANF are considered for the public charge determination for certain green card applicants. If you have MaineCare and need care in a nursing home, that could also be considered.
3. You do not have to provide Social Security numbers or the immigration status of anyone in your household who is not applying for benefits.
Ultimately, you are never required to give out any of your personal information, but you risk not being able to access certain benefits if you do not share this information. So for each program you apply to, think about the value of receiving that assistance against the possible risk of your information being shared. The situation will be different for every family based on their budget, their immigration status, and other factors.
