Public Charge Rule

Los Angeles County Office of Immigrant Affairs Welcomes Public Charge Rule Change Announcement

La Oficina de Asuntos de Inmigrantes del Condado de Los Ángeles da la bienvenida al anuncio de cambio de regla de carga pública.

The Los Angeles County Office of Immigrant Affairs (OIA) in the Department of Consumer and Business Affairs (DCBA) praises the implementation of the new “public charge” regulation, which went into effect on December 23, 2022. Public Charge is a “test” that immigration officials use to determine whether a noncitizen will be dependent on the government for support. This evaluation is made when a person applies for legal permanent resident (“green card”) status or to enter the United States.

This new U.S. Department of Homeland Security (DHS) rule strengthens protections for immigrant families seeking to access critical programs, resources and services offered by the County of Los Angeles and public agencies throughout the country.

While the Biden administration reversed the Trump era public charge policy in March 2021, this new rule clarifies which programs are considered in a public charge test, as well as the many important programs and resources not considered in the test. For example, a child or other family member’s use of safety net programs will not affect the immigration status of a relative or household member under the new rule.

This rule change is an important reminder that eligible immigrants and their household members can use housing, nutrition, and health care programs without concern about their immigration status. This is especially important in light of California’s recent expansion of Medi-Cal to all income-eligible persons who are 50 years old or older, regardless of immigration status. The new rule clarifies that only long-term institutionalized care at government expense or use of cash assistance for income maintenance such as SSI, TANF (CalWorks), and state, local and tribal cash assistance, may be considered in a public charge determination.

For answers to frequently asked questions about the Public Charge Rule now in effect, please contact OIA at 800-593-822 to speak with a counselor.

Updated Dec. 30, 2022

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Timeline and Implementation

December 23, 2022: Department of Homeland Security implements new public charge regulation.

September 8, 2022: Biden Administration announces new public charge regulation that increases protections for immigrant families.

March 9, 2021: The Biden Administration ends the Trump era public charge rule and returns to the longstanding 1999 public charge policy.

February 22, 2021: The Supreme Court agrees to hear new legal challenges filed to stop the 2019 public charge rule due to its public health impact during the pandemic.

February 24, 2020: After several courts block implementation of the Trump Administration public charge rule, the U.S. Supreme Court overturns those decisions and U.S. Citizenship and Immigration Services begins implementing the new rule.

August 2019: Trump Administration announces public charge regulation, scheduled to take effect in October 2019.

Public Charge FAQs

Frequently Asked Questions (updated Dec. 23, 2022)

  1. What is Public Charge?
  2. What does the new public charge rule mean for immigrants?
  3. What benefits are still considered in the public charge test?
  4. Will benefits used by family members be considered under public charge?
  5. Will Unemployment Insurance, Disability, Family Leave or Workers’ Compensation be considered “cash assistance for income maintenance”?
  6. What about tax credits and stimulus payments?
  7. Are programs like CalFresh (food stamps) and housing assistance considered?
  8. Are COVID-related health services considered under public charge?
  9. Are all immigrants subject to a public charge test?
  10. If I receive public benefits while in an exempt category, will that affect me if I later apply for a green card through a family member?
What is Public Charge?

Public charge is a “test” used by immigration officials to decide whether a noncitizen will be dependent on the government for support. This determination is made when a person applies to enter the U.S. or to adjust to legal permanent resident (“green card”) status.

Many immigrants are exempt from the public charge “test.” Most immigrants subject to public charge are not eligible for the benefits that are considered in the test. And many important benefits are not considered at all.

The 2019 public charge rule expanded the public benefits programs under consideration and granted immigration officials broad authority to consider various additional factors to decide whether someone is likely to become a public charge. As a result, the new rule was criticized for imposing a “wealth test” on immigrants. This 2019 rule is no longer in effect. This means that most public benefit programs may not be considered in public charge determinations.

What does the new Public Charge rule mean for immigrants?

The Biden Administration stopped applying the Trump-era public charge rule in March 2021 and returned to the longstanding 1999 public charge policy. Then, the Biden Administration proposed a new public charge rule and requested public comment before publishing that rule on Sept. 8, 2022. This new rule took effect on December 23, 2022. Going through this formal rulemaking process makes it harder for future administrations to radically change the rule.

The public charge rule now in effect also includes several important changes and clarifications about the public charge test that increase protections for immigrant households seeking public benefits. The rule clarifies the many categories of immigrants who are exempt from the public charge test, as well as public benefits exempt from consideration. The rule applies to adjustment of status applications filed on or after December 23, 2022.

What benefits are still considered in the public charge test?

Under the public charge rule now in effect, certain immigrants may be considered a public charge only if they are found to be ‘‘primarily dependent on the government for subsistence” as demonstrated by either:

(1) receipt of government cash assistance for income maintenance, or

(2) institutionalization for long-term care at government expense.

The government considers the following as “cash assistance for income maintenance”:  Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF) cash assistance, local General Assistance or General Relief cash assistance programs, or other state or local monthly cash assistance programs.  Use of these programs may affect a public charge determination.

No other benefits are considered. Short-term cash assistance for special purposes and emergencies (including pandemic aid) will not be considered. Institutional care for short periods is not considered. Use of health programs like Medicaid and Medi-Cal are not considered unless they are used to cover long-term institutional care.

Will benefits used by family members be considered under public charge?

No. Use of benefits and services by family members, including cash assistance for U.S. citizen children or other household members, will not be considered in an immigrant’s public charge test. Only benefits received by the immigrant who is applying for admission or adjustment to permanent resident status may be considered in the public charge test.

Will Unemployment Insurance, Disability, Family Leave or Workers’ Compensation be considered “cash assistance for income maintenance”?

No. Unemployment insurance, disability, family leave and workers’ compensation are all considered earned employment benefits. You only become eligible by working and earning your eligibility. Receiving these benefits cannot be counted against you in a future immigration application.

What about tax credits and stimulus payments?

Tax credits and rebates, such as the California Earned Income Tax Credit (CalEITC), the Youth Child Tax Credit (YCTC), and other stimulus credits and rebates are not considered cash assistance for income maintenance. Taking advantage of these credits will not affect your future immigration applications.

Are programs like CalFresh (food stamps) and housing assistance considered?

No. Food and nutrition programs such as CalFresh, and public housing assistance such as Section 8, are no longer considered under public charge.

Programs like WIC, CHIP, school lunches, food banks, shelters, child care assistance, student loans and grants, and many other programs are not included in the public charge test.

Are COVID-related health services considered under public charge?

No. COVID-related health services will not be considered in any future public charge test. This includes COVID testing, vaccination, and medical treatment for persons who have fallen ill from COVID-19.

Are all immigrants subject to a public charge test?

No. “Public charge” only applies to some persons at certain stages of their immigration process. Persons applying for a visa or seeking admission to the U.S. from abroad, and persons in the U.S. seeking to adjust to lawful permanent resident status (generally through a family-based immigration process) may be subject to a public charge test from an immigration officer. The new rule clarifies many of statuses and groups of immigrants who are not subject to a public charge test, including:

  • Asylees and refugees
  • U Visa, T Visa and VAWA applicants and beneficiaries (survivors of trafficking, domestic violence and other serious crime)
  • Temporary Protected Status (TPS) applicants and beneficiaries
  • Persons applying for or renewing DACA
  • Special Immigrant Juveniles
  • Legal permanent residents*

*There is no public charge test when a legal permanent resident applies for citizenship or renews a green card. Legal permanent residents are only subject to a public charge test when returning to the U.S. after remaining abroad for 180 days or more, or when returning from abroad with certain criminal history.

A complete list of immigrants exempt from the public charge rule is available here.

If I receive public benefits while in an exempt category, will that affect me if I later apply for a green card through a family member?

No. The new public charge rule clarifies that any benefit used while in an exempt category will not be considered, even if you later seek permanent resident status through a pathway where public charge applies.

This information does not constitute legal advice. If you have questions about your particular situation, we recommend that you consult an immigration attorney or federally accredited representative. Visit our page about avoiding Immigration Fraud and Finding the Right Help for information about local free or low-cost legal assistance.  If you have additional questions about the public charge rule and accessing public benefits, please contact our Office of Immigrant Affairs for: 800-593-8222.

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