California’s legislation does not generally grant undocumented immigrants state or local benefits: undocumented immigrants are not eligible for any retirement, welfare, health, disability, public or assisted housing or any other similar benefit for which payments or assistance are provided by an agency of a State or local government. However, this policy includes several key exceptions, including “community-level” programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) that are necessary for the protection of life and safety, and assistance for health care items and services that are necessary for the treatment of an emergency medical condition, including labor and delivery. Medi-cal’s own policy affirms that “an immigrant who meets all eligibility requirements, but is not in a satisfactory immigration status for full scope Medi-Cal, is entitled to emergency and pregnancy-related services and, when needed, state-funded long-term care.” Thus, while California is entitled to withhold public benefits to undocumented persons, it is legally obliged to provide them with childbirth-related medical care.
