Texas Hospitals Now Required to Ask About Immigration Status

 Posted on July 24, 2025 in Immigration

Governor Abbot signed an executive order almost a year ago (August 2024) that required hospitals to ask every patient their immigration status. The order was scheduled to begin in November 2024. The first set of data was released by the Texas Health and Human Services Commission in March, covering a four-month period from November 1 to February 28. During those months, approximately 108,000 undocumented patients sought care in Texas hospitals.

It is important to note that this number was a very small percentage of all patients treated by those same hospitals – only about 2.3 percent of all patients were undocumented. It is also important to know that while Texas hospitals are now required to ask about immigration status, patients are not required to answer, and about 12.9 percent declined to answer the question. Hospitals closest to the border, such as those in Webb County, had the highest share of undocumented patients.

Governor Abbott’s goal is to reduce healthcare costs; the state of Texas has the highest uninsured rate in the nation at 17 percent, which is more than double the national average. In 2022, approximately five million Texans lacked health insurance, but the vast majority of these uninsured Texans are American citizens, with uninsured undocumented immigrants rarely using the Texas healthcare system. If you are an undocumented immigrant who has any type of immigration issue, your best course of action is to consult with an experienced Plano, TX immigration lawyer.  

Can Undocumented Immigrants Obtain Health Insurance?

Unfortunately, undocumented immigrants in Texas are usually not eligible for the same health insurance options as citizens or those with legal immigration status. In most cases, undocumented immigrants cannot access Medicaid, the Children’s Health Insurance Program, or the health insurance subsidies through the Affordable Care Act Marketplace.

The only option left is to purchase private health insurance plans at full cost, or, in some cases, access coverage through an employer. Undocumented immigrants can access healthcare services at Federally Qualified Health Centers (FQHCs), and are eligible for emergency medical care under Medicaid. FQHCs provide primary and preventive healthcare services to everyone regardless of income, insurance coverage, or immigration status. The Women’s Health Center of Plano and HSNT Plano are both FQHCs.

Can Undocumented Immigrants Access Emergency Medicaid?

While undocumented immigrants are not eligible for standard Medicaid coverage, they may be eligible for emergency medical care through Emergency Medicaid. Emergency Medicaid covers treatment for any medical condition that requires immediate attention to prevent damage to health, dysfunction of any bodily organ or part, or impairment of bodily functions.

Undocumented immigrants must meet all other eligibility criteria for Medicaid in Texas, including residency and income requirements, but are not required to provide a Social Security number. Emergency Medicaid does not provide routine healthcare services, including prenatal or postpartum care, unless it is related to an emergency. CHIP Perinatal can potentially provide prenatal care and related services for undocumented pregnant women, since it focuses on the unborn child’s health.

Contact a Dallas, TX Immigration Lawyer

It can be frightening to be without health insurance for yourself or your family. While there are few options for health insurance for undocumented immigrants, there are a few. Other immigration issues can be equally frightening, especially in today’s political climate, and especially in Texas. If you need assistance with any immigration issue, it can be beneficial to speak to an experienced Plano, TX immigration attorney from Law Office of Jae Lee.

Attorney Lee can work with clients remotely when necessary, while consistently offering one-on-one guidance for visa, green card, and other immigration issues. Attorney Lee’s parents went through the immigration process, which gives him personal insight and compassion for others in similar situations. To schedule your free consultation, call 214-295-3014.