Changes to Public Charge
As of December 23, 2022, the U.S. government made some changes to the public charge final rule. There are more protections for immigrants and their families to use public benefits without fearing it will affect their immigration status. There are also less barriers for low-income immigrants to get a green card. We hope these changes will make more local families feel safe to get the help they need, like health care through the Alliance.
What does public charge mean?
If someone is mostly dependent on the government to take care of themself, the government calls this person a public charge. If someone who is not a citizen is likely to be a public charge, the government can:
- Refuse to let them come into the United States.
- Make a change to their immigration status.
What is changing?
The updated public charge rule states that many public benefits will no longer count for public charge, like health care and food. Medi-Cal/Medicaid does not count under the new public charge rule unless someone is:
- In long-term institutionalized care.
- In a skilled nursing home.
If you would like to learn more about how to apply for Medi-Cal, please go to our Medi-Cal page.
There are other public benefits that you can use that will not change your immigration status, like:
- CalFresh.
- School meals.
- Covered California subsidies.
- Medicare.
- Immunizations.
- COVID-19 testing or treatment.
- In-Home Support Services.
- Federal public housing and Section 8 assistance.
- California’s Women, Infant and Children (WIC) program.
Public benefits used by your family members do not count against you.
Which public benefits can count for public charge?
The new rule says that someone can be a public charge if they are a noncitizen who is likely to become mostly dependent on the government by:
- Getting cash assistance to maintain their income. This can be from CalWORKs, Supplemental Security Income and General Relief/General Assistance.
- Getting placed at an institution for long-term care that the government pays for.
Does the public charge rule apply to all immigrants?
Public charge does not apply to everyone. Most immigrants do not have to worry about public charge. Read more in the California Health & Human Services Agency Public Charge Guide.
How does this change affect Alliance members?
Every family is different. It is important to:
- Know your rights.
- Get the facts. Understand if the rule affects you.
Questions?
Talk to an immigration or public benefits attorney. They can give you advice for your situation. You can also find a list of nonprofits that can help on the California Department of Social Services website.
If you want to talk to someone on the phone, you can call the Health Consumer Alliance at 888-804-3536. It is free and confidential, and you can ask for more information.