Public Charge

Public charge is a “test” used by immigration officials to decide whether a noncitizen is likely to depend on government assistance. this decision is made by immigration officials when someone applies to enter the United States or applies for legal permanent resident status (a green card). The public charge test is most often used for people applying for a green card through a family member. Many immigrants are exempt from this test.  

Under the current 2022 public charge regulations, benefits and services used by an immigrant’s family members are not considered in the public charge test. However, some immigrants may be considered a public charge if they use:

1. Government cash assistance for income maintenance, or
2. Long-term institutional care paid for by the government.  

The Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) on public charge on November 19, 2025. The proposal includes major changes to how the public charge rule could apply to people applying for permanent residence in the United States. These proposed changes have NOT yet taken effect.

If the proposed rule is implemented, immigration officials could consider: 

• Use of other benefits programs than those described above 

• Past benefits use 

• Benefits received by children or other household members.  

Different Rules Apply Abroad 

People applying for visas or permanent residence from outside the United States may already be affected by November 2025 guidance from the Department of State. This guidance directs officers to deny visas to applicants who cannot affirmatively show they will not become a public charge “at any time” after entering the U.S. 

Public charge does not apply to all immigrants. It mainly applies to people seeking permanent residence through a family member, and to individuals outside the Unites States who are applying for a visa or seeking to enter the U.S. on a visa. Many immigrants are not subject to the public charge test and will not be affected even if the proposed DHS public charge rule is implemented.  

Immigrants exempt from public charge include:  

• Refugees and asylees  
• Violence Against Women Act (VAWA) self-petitioners 
• Special Immigrant Juvenile Status (SIJS), U Visa (crime victim) and T Visa (human trafficking) applicants and beneficiaries 
• Legal permanent residents who are renewing their green card or applying for naturalization 
• Naturalized U.S. citizens 

Families who have questions about enrolling or leaving public benefits can contact the Benefits Access for Immigrants Los Angeles (BAILA) Network for assistance. If you have concerns about how public benefits might impact your immigration case, the Office of Immigrant Affairs recommends speaking with a licensed attorney or federally accredited representative.

OIA can help connect you to authorized legal service providers for advice by calling 800-593-8222.

The federal government has recently attempted to share certain Medicaid information with the Department of Homeland Security for immigration enforcement purposes. For many years, federal rules did not allow this kind of information sharing, so this represents a major change.   

California and other states challenged these efforts in court, and Los Angeles County has joined the litigation opposing the sharing of Medi-Cal information. The case is still ongoing, and a federal court has issued a temporary order that allows for some information to be shared. At this time, the final outcome of this litigation, and how it may affect immigrants, remains uncertain.  

No. Leaving or disenrolling from a program does not erase prior case information. 

Families considering disenrollment – and potentially losing important healthcare coverage – should know that ending benefits may not eliminate existing records.  If you need help making decisions about enrolling or disenrolling from benefits programs, you may contact the BAILA Network for support. 

For individual immigration legal advice, consult with a licensed immigration attorney or accredited representative. You can also call the Office of Immigrant Affairs at 800-593-8222 for referral assistance. 

No. You do not need to provide immigration status information or Social Security numbers of family members who are not applying for benefits for themselves. Applicants should answer all questions truthfully, but in general,  you only need to give detailed information for people who are seeking Medi-Cal coverage. 

California and other states have reported that the federal government sought access to certain SNAP recipient information. Los Angeles County has joined litigation challenging these efforts. 

At this time, California officials have stated that the state has not shared CalFresh recipient information for immigration enforcement purposes. Court orders currently limit certain federal actions while the litigation continues. The legal situation could change as court cases move forward.

Undocumented immigrants are generally not eligible to receive federally funded CalFresh benefits for themselves. 

However, eligible household members — such as U.S. citizen children or certain lawfully present immigrants — may still qualify. A parent or caregiver may apply on behalf of eligible children even if they are not eligible for CalFresh themselves.

Generally, people who are not applying for benefits for themselves do not need to provide Social Security numbers or detailed immigration documentation. 

Households may still need to provide some financial or household information to determine eligibility and benefit amounts for eligible family members. 

Under the current federal public charge rule, CalFresh is generally not considered in public charge determinations. However, DHS proposed changes to the public charge rule in late 2025 that could expand the types of benefits considered in the future. These proposed changes have not taken effect at this time. 

Because immigration law is complex and subject to change, individuals pursuing family-based immigration cases or other immigration benefits should consult with a licensed immigration attorney or accredited representative. You can also call the Office of Immigrant Affairs at 800-593-8222 for referral assistance.