Understanding the Context: What is SB 104?
Senate Bill 104 (SB 104), signed into law by Governor Gavin Newsom, is a transformative California healthcare initiative that expands Medi-Cal eligibility to low-income undocumented immigrants aged 18–25. It is part of California’s long-term strategy to achieve universal healthcare access regardless of immigration status.
Key facts:
- Enacted: July 2019, implemented in January 2020.
- Administered by: California Department of Health Care Services (DHCS).
- Program Type: Full-scope Medi-Cal, covering dental, mental health, vision, prescription drugs, and preventive care.
- Age Groups Covered: Initially children, now 18–25 and 50+ as of 2024. The 26–49 age group is still excluded but is expected to be included by 2025.
This law positions California as a leader in inclusive healthcare, contrasting with more restrictive states like Texas and Florida.
Immigration policy is in the news nearly every day this summer, mostly with incredibly disturbing stories about how immigrants are being treated. Fortunately, not all the immigration news is bad. While the federal government’s crackdown on immigration continues, California is taking some steps to make things easier for immigrants.
California’s Progressive Medicaid Policy for Undocumented Youth
Recently, California became one of the first states to offer Medicaid health benefits to young adults who are undocumented immigrants. Under a new bill signed into law by Gov. Gavin Newsom, low-income adults ages 18-25 are eligible for California’s Medicaid program regardless of their immigration status. Applicants must show that their income is below a certain specified amount.
Eligibility Clarification:
- Income Requirement: Must be at or below 138% of the federal poverty level (FPL), about $20,783 for an individual in 2024.
- Residency Proof: Applicants must show they live in California.
- No SSN or Green Card Required: Immigration status does not disqualify you.
- Full-scope Medi-Cal: This includes mental health, hospital care, dental, vision, and preventive services.
This expansion is administered through California’s Department of Health Care Services (DHCS).
Supporters and Critics Weigh In
Proponents of the law argue that it will improve public health and encourage more people to get medical help when they need it. Opponents argue that taxpayer money should not provide benefits for undocumented immigrants.
Fiscal Note: According to DHCS, the cost of expanding Medi-Cal to the 18–25 age group is approximately $98 million annually. Supporters argue that preventive care reduces long-term emergency healthcare costs, which are often absorbed by public hospitals and taxpayers anyway.
A Shift from Exclusion: Proposition 187 and Legal Milestones
It wasn’t that long ago that California was headed in a very different direction. In 1994, voters approved Proposition 187, a wildly controversial measure that would have denied nearly all public benefits to undocumented immigrants. Within days of its passage, civil rights groups filed suit, and courts blocked the measure. Proposition 187 was never enforced.
Other Legislative Milestones in California:
- SB 54 (2017): California’s “Sanctuary State” law, which limits local law enforcement’s cooperation with Immigration and Customs Enforcement (ICE).
- DACA and AB 60: Allow undocumented youth to apply for driver’s licenses and temporary legal status.
These shifts reflect California’s evolution from exclusion to inclusivity in immigration policy.
Immigration is Deeply Personal, Not Just Political
Immigration has been a hot-button political issue for many years, but to people who are just trying to build better lives for themselves in the United States, immigration is a very personal matter. Often, immigrants can feel helpless, with their fates determined by forces out of their control.
Legal Support: Protecting Immigrant Rights in a Complex System
Immigrants must get help from an attorney with experience in immigration law, who can protect their rights and guide them through the system.
Important Note: Using Medi-Cal does NOT affect your immigration status in California. The “Public Charge Rule”, revised under the Biden administration, excludes Medicaid from its criteria unless it’s long-term institutionalization.
Still, it’s best to consult with a qualified attorney to assess your specific situation, especially if you’re applying for adjustment of status, asylum, or facing removal proceedings.
Frequently Asked Questions (FAQs)
Can undocumented immigrants get free healthcare in California?
Yes. As of 2024, undocumented immigrants aged 0–25 and 50+ qualify for full-scope Medi-Cal. The 26–49 group is not yet covered but may be included in future expansions.
What is SB 104, and how does it help?
SB 104 is California legislation that extends full-scope Medi-Cal to undocumented individuals aged 18–25. It aims to close healthcare access gaps and improve preventive care outcomes.
Will using Medi-Cal affect my green card or visa application?
In most cases, no. California’s benefits are excluded from the “public charge” determination. However, always consult an immigration attorney for personalized advice.
Is it safe to apply for Medi-Cal if I’m undocumented?
Yes. California does not share information with ICE, and local law enforcement is limited in its cooperation with federal immigration authorities due to SB 54.
What if I’m not eligible for Medi-Cal due to age or income?
You may qualify for:
- Restricted-scope Medi-Cal (emergency care only)
- County health programs
- Community clinics like LA Care, AltaMed, or Clinica Romero
Need Help With Immigration or Medi-Cal Legal Issues?
Don’t navigate California’s complex immigration and healthcare systems alone. Hussain & Gutierrez are here to guide you.
Our experienced attorneys provide:
- Green card and visa support
- Public benefits eligibility reviews
- Deportation defense and asylum cases
- Legal pathways to residency
Schedule your confidential consultation today:
https://hussaingutierrezlaw.com/
Conclusion
California’s approach to undocumented immigrants, especially in healthcare, demonstrates a significant departure from federal policies and a commitment to human dignity, equity, and inclusion. Whether you’re directly affected or supporting someone who is, understanding your rights and options is essential.
