Public Charge: What You Need To Know
On October 10, 2018 the Department of Homeland Security published a proposed rule change in the Federal Register to existing immigration policies on public charge. While the proposed rule has yet to take effect, if adopted, it could potentially have broad and sweeping impacts across L.A. County communities.
As the most populous county in the country, our core mission is to protect and improve the health, public safety, and well-being of the over 10 million residents who call L.A. County home—regardless of their immigration status.
It is the intent of the County to ensure adequate public health and safety protections are in place for all people who live, work, and visit L.A. County.
The County is monitoring the status of the law on this issue and remains committed to providing our communities with effective and caring service. Should LA County residents have questions about the potential impact this proposed rule change may have on their immigration status, they should seek the advice of a reputable legal advisor.
Dec. 10, 2018 Update: Comment of the County of Los Angeles on Proposed Public Charge Rule
Declaración Oficial del Condado Con Respecto A La Carga Pública
El sábado, 22 de septiembre de 2018, el Departamento de Seguridad Nacional anuncio una propuesta de cambio de regulación a la política existente de la carga pública con respecto a inmigración. Aunque la propuesta regulatoria aún no está vigente, podría tener efectos extensos en las comunidades a través del Condado de Los Angeles si llega ser adoptada.
Como el Condado más densamente poblado en el país, nuestra misión es proteger y mejorar la salud, seguridad pública, y bienestar de más de 10 millones de residentes quienes consideran esta región como su hogar muy independientemente de su estado migratorio.
La intención del Condado es asegurar que todos los visitantes y todas las personas que residan y que trabajen en el Condado de Los Angeles tengan la protección de recibir servicios adecuados de salud y seguridad pública.
El Condado está supervisando la situación con respecto a la ley sobre este asunto y sigue comprometido en proporcionar a nuestras comunidades con servicios eficaces. Los residentes del Condado que tengan preguntas sobre el impacto posible de los cambios de esta propuesta y los que puedan afectar su estado migratorio, deberán consultar ayuda legal de un abogado profesional.
上個週末，國土安全局發表提出改變現行移民政策目前法令尚未實施生效，若生效將可能潛在性 造成對洛縣廣大和全面性的影響. 身為最受歡迎郡縣，最主要的任務，是保護並促進超過一千萬定居在洛杉磯的健康安全和幸福-無 論他們的移民身份 本縣的目的是確保所有居住以及在此工作和訪問的居民的公共健康和人身安全. 本縣正在監督在這個問題上的法律地位,並且仍然致力於為我們的社區提供,有效和貼心的服務.如果 洛杉磯縣居民對此擬議規則孌更可能對其移民身份産生的潛在有影響有疑問，他們應該尋求信譽良 好的法律顧問的建議.
카운티전역 요금 명세서
지난 주말, 국토안보부는 공공요금에 관한 기존 이민정책에 대한 규정 변경을 발표했습니다. 제안된 규정은 아직 발효되지 않았지만, 채택된다면 L.A. 카운티 지역사회에 광범위한 영향을 미칠 수 있습니다.
국내 가장 인구가 많은 카운티로서, 우리의 핵심 임무는 이민 신분과 상관없이 L.A. 카운티를 고향으로 부르는 천만 명 이상의 거주자들의 건강, 공공 안전 및 웰빙을 보호하고 개선하는 것입니다.
L.A. 카운티에 거주하고, 근무하고, 방문하는 모든 사람들에게 적절한 공공보건 및 안전보호가 이루어지도록 하는 것이 카운티의 목적입니다.
카운티는 이 문제에 대한 법의 상태를 감시하고 있으며, 우리 지역사회에 효과적으로 배려있는 서비스를 제공하기 위해 지속적으로 전념하고 있습니다. 만약 LA 카운티 주민들이 이 제안된 규정이 이민 신분에 미칠 수 있는 잠재적 영향에 대해 질문이 있다면, 확실한 법률 고문에게 조언을 구해야 합니다.
Frequently Asked Questions
The U.S. Department of Homeland Security (DHS) recently proposed changes to the “public charge” test, which applies to certain immigrants today. This FAQ shares important information about how these proposed changes could impact immigrants and their families in L.A. County.
At the moment, the current “public charge” test has not changed. However, if you have questions about how your immigration status could be affected by the DHS proposal, you should consult an immigration attorney. Contact the L.A. County Office of Immigrant Affairs (OIA) to be connected to free or low-cost legal aid immigration assistance: (800) 593-8222, oia.lacounty.gov.
“Public Charge” Today
1. What is a “public charge”?
In current immigration law, a “public charge” is a person who relies on the government for support.
2. What is a “public charge” test?
Today, DHS uses a “public charge” test to determine if someone is or is likely to become a “public charge.” DHS uses this test in two situations:
- When an immigrant applies for a visa to enter the U.S., or
- When an immigrant who already lives in the U.S. applies for legal permanent residency (also known as a “green card”).
DHS looks at many factors during this process, including a person’s age, health, finances, and education. DHS also considers whether a person is primarily dependent on certain public benefits, including cash assistance through CalWORKS, Supplemental Security Income (SSI), General Relief (GR), the Cash Assistance Program for Immigrants (CAPI), and long term care (LTC) Medi-Cal. If DHS determines that someone is or is likely to become a “public charge,” DHS may deny that person a visa or green card.
3. Who does the “public charge” test apply to?
Today, DHS only applies a “public charge” test to certain noncitizens applying for visas or green cards.
The “public charge” test does not apply to refugees, asylees, certain visa-applicants (such as survivors of trafficking), and other categories of noncitizens. Additionally, the test does not apply to green card holders who are applying for U.S. citizenship, except under limited circumstances where they have committed certain crimes or have been outside the United States for more than 180 days. The “public charge” test also generally does not apply to immigrants who are undocumented unless they apply for a visa or green card.
If you have a question about whether the “public charge” test applies to you, you should talk to an immigration attorney. Please contact the OIA at (800) 593-8222 or oia.lacounty.gov to be connected to a free or low-cost immigration attorney.
4. What benefits are counted in a “public charge” test today?
SSI, CalWORKs, GR, CAPI, and LTC Medi-Cal.
Proposed Changes to the “Public Charge” Test
5. What changes is DHS proposing to make to the “public charge” test?
DHS has proposed making two significant changes to the “public charge” test:
- Expand the public benefits that count in a “public charge” test to include non-cash public benefit programs, including: non-emergency Medi-Cal; the Medicare Part D Low Income Subsidy Program; CalFresh; Section 8 voucher programs; and subsidized public housing; and
- Apply the “public charge” test to additional groups of immigrants (people with visas who are applying to extend their stay or change their visa status).
6. Does using non-emergency Medi-Cal, the Medicare Part D Low Income Subsidy Program, CalFresh, Section 8 Voucher Programs, or subsidized public housing threaten my immigration status today?
Not at the moment. As of today, the “public charge” rules have not changed and DHS will only consider a person’s use of SSI, CalWORKS, GR, CAPI, and LTC Medi-Cal when looking at a person’s use of benefits in a “public charge” test.
Although DHS is considering changing the rules for the “public charge” test to count other types of benefits, these changes are not yet in effect.
If you have questions about how using non-emergency Medi-Cal, Medicare Part D Low Income Subsidy Program, CalFresh, Section 8 voucher programs, or subsidized public housing could impact your immigration status if DHS’s proposed changes become final, you should contact an immigration lawyer. You can contact the OIA at (800) 593-8222 or oia.lacounty.gov to be connected to a free or low-cost immigration attorney.
7. Are Women, Infants, and Children (WIC) and Head Start included in the “public charge” test?
No, WIC and Head Start are not considered under current or proposed “public charge” rules.
8. Do DHS’s proposed changes to the “public charge” test affect my eligibility for health, housing, or nutrition programs?
No. DHS’s proposed changes will not change your eligibility for benefits. Individuals who are currently eligible for or enrolled in public benefits may continue to apply for or receive health services, nutrition benefits, housing programs, or other services if they choose to do so.
If you have questions about how receiving public benefits could impact your immigration status if DHS’s proposed changes go into effect, you should consult an immigration lawyer. You can contact the OIA at (800) 593-8222 or oia.lacounty.gov to be connected to a free or low-cost immigration attorney.
9. I’m applying for my green card, but my child is a citizen, should I cancel her benefits because of “public charge”?
Do not cancel your child’s benefits. The current “public charge” test only looks at benefits that YOU use, not benefits used by your child or other dependents who are U.S. citizens.
If you have a question about whether the proposed changes to the “public charge” test apply to you or your child, you should consult an immigration lawyer. You can contact the OIA at (800) 593-8222 or oia.lacounty.gov to be connected to a free or low-cost immigration attorney.
10. Could DHS’s proposed changes to the “public charge” test become final?
Possibly. However, before DHS can make any changes final, it must go through a process that may take many months to complete.
Resources for Help
11. How can I find out if the proposed changes to the “public charge” test affect me?
If you have questions about how these proposed changes to the “public charge” test could affect your immigration status, you should consult an immigration attorney. You can contact the OIA at (800) 593-8222 or oia.lacounty.gov to be connected to a free or low-cost immigration attorney.
12. Where can I learn more about public programs to help me with my health care, housing, education, and food-related needs?
The County provides services to all residents, regardless of their immigration status. You may be eligible for the County’s health services, nutrition benefits, housing programs, or other vital services.
- To learn more about health and nutrition-related programs and services that can help support you and your family, please contact the L.A. County Department of Public Social Services – Customer Service Center at (866) 613-3777 or dpss.lacounty.gov.
- For housing-related assistance, please contact the L.A. County Community Development Commission/Housing Authority at (626) 262-4510 or www.hacola.org.
- For information about other available County services (health care, consumer fraud protection, minimum wage, financial education, small business support, job opportunities, etc.) contact the OIA at 800-593-8222 or oia.lacounty.gov.
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Media Release: Comment of the County of Los Angeles on Proposed Public Charge Rule — December 10, 2018
L.A. County BOS Send Letters to Department of Homeland Security, U.S House of Representatives, United States Senate and California Attorney General Xavier Becerra — October 5, 2018
5 Signature Letters from the Board of Supervisors
Statement from Los Angeles County Supervisor Hilda L. Solis on Public Charge — October 2, 2018
Telemundo 52 Los Angeles: Los Ángeles se opone a nueva regla de inmigración
Wednesday, October 3, 2018
The San Fernando Sun: LA County Pushes Back Against Trump Administration’s Latest Immigration Plan
Wednesday, October 3, 2018
El Sol del Valle de San Fernando: Los Ángeles Contra Normativa de “Carga Pública” para Algunos Inmigrantes
Wednesday, October 3, 2018