UPDATE!
Important Change to Public Charge Rule
Immigrants and their loved ones across California can seek and accept medical care, food assistance and public housing without fear or confusion about public charge consequences, thanks to changes in federal policy.
Important to know
The USCIS will not consider participation in Medi-Cal (except for long-term care), public housing, or CalFresh as part of the public charge determination. You are also free to seek medical testing, treatment and preventive services for COVID-19, including vaccines: these are not considered for public charge purposes either.
Public Charge Guide
Free legal services
If you have questions or need free legal advice about public charge, a list of nonprofit organizations qualified to provide assistance to individuals is available on the California Department of Social Services website.
Further explanation
Following a court ruling, the 2019 Public Charge rule will not be enforced, and authorities will revert to the previous policy in place since 1999. This means the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) will not consider participation in Medi-Cal (except for long-term care), public housing, or CalFresh as part of the public charge determination any longer. Additionally, a reminder: medical testing, treatment and preventative services for COVID-19, including vaccines, are not considered for public charge purposes.
Specifically, on November 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the 2019 Public Charge Final Rule nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, allowing the U.S. District Court for the Northern District of Illinois’ order vacating the 2019 Public Charge Final Rule to go into effect. As a result, the 2019 Public Charge Final Rule is vacated nationwide.
The U.S. Department of Homeland Security [DHS] has stated that it will return to using policies in place before the 2019 Public Charge Final Rule. You can check the U.S. Citizenship and Immigration Services (USCIS) webpage on Public Charge for updates. California health and human services leaders issued a joint statement in response to the federal public charge changes.
Our original article, published 9/5/19 and updated 2/19/20, remains below in light gray text for context. However, it no longer applies. Again: as of March 2021 the 2019 Public Charge rule will not be enforced, and DSS programs will not be considered in the public charge determination.
INTRODUCTION
You may have heard about a new Public Charge rule in U.S. immigration law. Below is a brief summary of what you need to know. Please note, this is for general information only; it is not comprehensive information and it is not legal advice. We cannot give legal advice.WHAT IS PUBLIC CHARGE?
In immigration law, a Public Charge is a person likely to be dependent on public programs as their main source of support. Under longstanding policy, the Federal Government can deny an individual a visa to enter the United States, or deny an application for permanent residence (green card) through a relative, to a person determined likely to become a Public Charge. This is known as the Public Charge rule. Recently, the Public Charge rule has been updated.WHO DOES PUBLIC CHARGE AFFECT?
Most immigrants are NOT subject to the Public Charge rule. The Public Charge rule ONLY applies to people applying for permanent residence (green card) through a relative, or for a visa to enter the United States. No other types of immigration cases are impacted.WHAT DOES THE NEW PUBLIC CHARGE RULE SAY?
The Public Charge rule has been updated to set a stricter standard for people to show they will not depend on public benefits in the future.The old rule only considered cash assistance benefits in making a public charge determination (including CalWORKs/TANF, SSI, and GA/GR). The new rule considers a longer list of public benefits:
- CalWORKs (TANF)
- Supplemental Security Income (SSI)
- General Assistance / General Relief (GA/GR)
- CalFresh (SNAP)
- Non-emergency Medi-Cal or Medicaid (Adults >21 Only)
- In-Home Supportive Services (Adults >21 Only)
- Housing Assistance, which includes Section 8 Voucher Rental Assistance, Section 8 Project-Based Rental Assistance, and Public Housing
WHEN WILL THE NEW PUBLIC CHARGE RULE TAKE EFFECT?
The new rule takes effect February 24, 2020. The Department of Homeland Security will NOT consider an immigrant's receipt of the newly listed benefits before February 24, 2020. (The new rule was originally scheduled to take effect on October 15, 2019. However, due to lawsuits, an injunction, or pause, was ordered. The injunction was lifted by the Supreme Court on January 27, 2020, allowing the rule to go forward. Other legal challenges still could impact the rule.)DOES THE NEW RULE AFFECT MY ELIGIBILITY FOR BENEFITS?
No! The new public charge rule does not change eligibility for health and public benefits programs. If you qualify for public benefits, you are still eligible.WHO IS NOT AFFECTED BY PUBLIC CHARGE?
Immigrants who do NOT have to worry about Public Charge include:- Lawful permanent residents (green card holders) who apply for citizenship
- Refugees and Asylees
- Special Immigrant Juveniles
- Trafficking victims
- Victims of qualifying criminal activity
- Certain domestic violence victims
- Immigrants with no legal status who are not eligible to status adjustment (undocumented population)
- U.S. Citizens
Remember, Public Charge does not apply to the majority of immigrants.
I WANT TO BECOME A U.S. CITIZEN. WILL IT HURT MY CASE IF I USE BENEFITS?
No! There is no public charge test for naturalization, which is the process to become a U.S. citizen. However, permanent residents that travel outside the United States for more than 180 days could be subject to public charge rules.WHAT IF MY CHILDREN OR OTHER FAMILY MEMBERS RECEIVE BENEFITS?
Family members aren't considered. The rule only considers benefits received directly by the person applying for a change in status (i.e. permanent residence or visa) or if they are listed as a beneficiary. Benefits received by family members, like U.S. citizen children, will not count against you. Note: If you are ready to become a permanent resident, consult with an immigration expert, especially if you have to leave the United States for your green card interview, because the rules are different for people in that situation.ARE ALL PUBLIC BENEFITS PART OF THE RULE?
No! Many public benefits are not considered under the new rule. Public benefits that are NOT considered in a public charge determination, even under the new rule, include:- Nutrition benefits through Women, Infants and Children (WIC)
- Free school breakfast or lunch
- Services provided to children under age 21 through Medi-Cal and/or the Children’s Health Insurance Program (CHIP)
- Services provided to pregnant persons or persons up to 60 days following their pregnancy on Medi-Cal
- Emergency medical services covered by Medi-Cal
- Covered California health care subsidies or Medicare coverage
- Non-cash benefits funded solely by the state or a local entity, like expanded Medi-Cal coverage for undocumented children and young adults, or the California Food Assistance Program (CFAP).
- Child care, Head Start, or public education
Eligible individuals and families should continue to receive these important benefits!
