Effective November 1, 2024, all Texas hospitals are required to ask patients for their U.S. immigration status. However, individuals are not required to respond. Hospitals are reassuring patients that their level of care will not be impacted, regardless of the response or lack of response. Per the Governor’s order, the cost of treating those without legal status is being tracked.

The executive order, from Texas Governor Abbott, was issued in August 2024. Hospitals are required to submit reports to the state in March 2025, outlining the costs and treatments provided to those without a legal status treated at Texas hospitals. Patient names and personal information will not be included in those reports. The reports will separate costs covered by Medicaid or the Children’s Health Insurance Program (CHIP), and the cost for patients that are not covered who do not have a legal immigration status.

Texas is the second state to enact a similar program. Florida began a similar effort last year. While Florida’s data is still early, less than 1% of people either admitted for treatment or who visited the emergency room in the state stated they were in the country without a legal basis.

If you have questions about U.S. immigration, whether employment-based or family-based, contact us at ILBSG. Our clients work directly with their attorney to ensure they get the right advice for their particular situation.