Immigrants applying for permanent residency in the United States now face expanded public charge requirements that allow immigration officers to consider public benefits previously excluded from green card decisions, including food assistance, health coverage, and housing assistance. The changes took place on September 18 and are now raising questions about how programs such as Medi-Cal, CalFresh, and CalWORKs could affect immigration applications.
On October 21, the Health4Kern Coalition hosted a Promotora Community Health Worker Symposium, where Ambar Tovar of the United Farm Workers (UFW) discussed these changes and how receiving public assistance could affect immigration applications. Tovar emphasized that, although the new rule expands the benefits that can be reviewed, it doesn’t automatically mean someone will be denied permanent residency.
In August, Kern Sol News reported on concerns surrounding the changes, including the possibility that immigration officers would have greater discretion when reviewing applications. Since then, U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance explaining which benefits and additional circumstances officers can consider.
Public charge is an immigration determination that assesses whether certain applicants are likely to become dependent on government assistance. Under the previous rules established during the Biden administration, officers primarily considered cash assistance for income maintenance and long-term institutionalization at government expense. The new rule removes those restrictions, allowing officers to evaluate a wider range of income-based benefits.
“Now, under this new guide, it doesn’t even have a list of which programs are going to count, but what they did define is that they are going to consider any benefit that is based on the income of the person who is submitting the application,” Tovar explained.
USCIS guidance identifies food assistance, housing assistance, cash assistance, and certain educational financial aid as benefits officers can consider. Other California programs may include CalFresh, the state’s version of the Supplemental Nutrition Assistance Program (SNAP); Medi-Cal, California’s Medicaid program; and CalWORKs, which provides cash assistance to eligible families.
Tovar also discussed programs such as the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), while explaining that the guidance does not provide an exhaustive list of individual programs.
“So, for example, it doesn’t mention medical, it doesn’t mention WIC, it doesn’t mention food stamps, but we all know that those are benefits that are based on income. That is why we are putting those benefits on this list,” Tovar said.
Another concern raised during the presentation involved mixed-status families, particularly households where children are U.S. citizens and qualify for public benefits even though their parents may not.
Tovar explained that an applicant’s responsibility for supporting family members could become relevant when officers review their financial circumstances.
“So, benefits used by a relative, under this new rule, can count if the applicant is responsible for maintaining them, and the benefit was granted by the income of the applicant,” Tovar said.
According to the Department of Homeland Security (DHS), benefits received by children or other family members are generally not treated as benefits received by the applicant. However, officers may consider the financial circumstances that led to a family member qualifying for assistance, particularly when the applicant is legally responsible for supporting that person and the benefits are based on the applicant’s income.
Attendees also raised questions about Head Start, an early childhood education program that serves eligible children and families. Tovar acknowledged that the expanded rule creates uncertainty about how individual programs may be evaluated and encouraged families to discuss their circumstances with an immigration attorney.
“That’s why when you meet with your lawyer, it is important to mention everything that you take as a public benefit,” Tovar said.
Although the rule allows officers to consider more public benefits, receiving assistance does not automatically disqualify an applicant from obtaining permanent residency. Immigration officers must also consider an applicant’s age, health, family circumstances, financial resources, education, and employment skills.
Tovar explained that an applicant’s property, savings, household income, and financial sponsor may all contribute to the overall determination.
“The job of the lawyer is to include evidence that shows, well, I have a constant job, or this service is only a certain percentage of my income, support letters, etc. So, as I said before, it is only a factor,” Tovar said.
During the presentation, an attendee asked whether the changes could affect someone who already had permanent residency and was receiving Medi-Cal.
“If you already have it, the public charge is no longer applicable to you,” Tovar responded.
According to USCIS, the updated guidance applies to covered applications for adjustment of status submitted on or after that date. Benefits received before September 18 continue to be evaluated under the previous standard, which generally excluded noncash assistance such as SNAP and Medicaid, except for certain long-term institutional care. Certain immigration categories, including refugees and asylees, are also exempt.
Beyond explaining the new requirements, Tovar acknowledged the concerns that changing immigration policies have created for families who depend on public assistance.
“Because sometimes all of this terrifies us. Everything that is happening right now is with the point of terrorizing us. And that we don’t apply for these benefits. That we don’t move forward with our citizenship,” Tovar said.
Tovar urged residents with pending immigration petitions, as well as those planning to apply for permanent residency, to understand how the changes apply to their individual cases before discontinuing assistance.
“Before people discontinue their benefits, talk to an immigration lawyer if you have a pending petition or if you plan to submit it in the near future,” Tovar said.
