Public Charge Rule

Public charge is a “test” used by immigration officials to determine whether a noncitizen will be dependent on the government for support. Immigration officials make this determination when a person applies to enter the U.S. or to adjust to legal permanent resident (“green card”) status. Public charge most commonly applies to persons applying for a green card through a family member. Many immigrants are exempt from the public charge test.

Yes, the Department of Homeland Security (DHS) released a final rule that changes how federal immigration officials evaluate whether certain non-citizens seeking immigration status are considered a “public charge”. The new rule broadens the factors immigration officials may consider during certain immigration applications. The new rule will become effective on 60 days after formal publication (September 18, 2026), and the current public charge rules will remain in place until then.

The notice from the federal government states that public benefits received before the rule’s effective date generally will not be considered under the new rule. However, some types of benefits—such as cash assistance for income maintenance and government-funded long-term institutional care—were already considered under prior public charge policies and will continue to be considered. Federal agencies are expected to issue additional guidance, and we will update this page as more information becomes available.

The changes to the public charge rule have raised concerns among immigrant families and mixed-status households about how accessing public programs and services may affect their immigration options. It’s important to know that the public charge inadmissibility rule does not apply to everyone. It only affects certain immigrants applying for specific immigration benefits, primarily people applying for lawful permanent residence (a green card) through a family-based petition.

Many immigrants are not subject to the recently announced public charge rule change. The Public Charge Rule does not apply to you if:

• You’re a U.S. citizen
• You already have a green card / permanent resident status
• You’re applying for or already have received TPS, U or T Visa, Asylum or Refugee status, or Special Immigrant Juvenile Status
• You are not applying for lawful permanent residents (green card) and do not have pathway to obtain a green card

The Public Charge Rule may affect you if, for example, you:

• You plan to apply for a family-based green card
• You have a green card but leave the country for more than 6 months
• You plan to apply for a visa or admission to the U.S. from abroad, or to change or extend certain nonimmigrant visas inside the U.S.

OIA encourages service providers, stakeholders, and community members to learn more before making decisions about enrolling or disenrolling from benefits.  To help answer questions, the Los Angeles County Office of Immigrant Affairs and the Benefits Access Los Angeles Network (BAILA) will host a free webinar to explain the new rule, discuss what has changed, and share available resources for community members and service providers:

English: July 22nd at 1:00pm – Register Here.

Spanish: July 27^th at 12:00pm – Register Here. 

Families making decisions about enrollment or disenrollment from public benefits may contact the Benefits Access for Immigrants Los Angeles (BAILA) Network for assistance. The Office of Immigrant Affairs encourages individuals concerned about the impact of public benefits use on their immigration case to get advice from a licensed attorney or federally accredited representative.

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

California and other states challenged these efforts in court. Los Angeles County has joined the litigation opposing the sharing of Medi-Cal information. Litigation is ongoing, and a federal court has issued a temporary order that allows for sharing of some information. The final outcome of this litigation and the impact on immigrants is uncertain at this time.

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

Families considering disenrollment – and potentially losing important healthcare coverage – should understand that ending benefits may not eliminate existing records.  Families seeking assistance with important decisions about enrolling or disenrolling from benefits programs may contact the BAILA Network for support. For individual immigration legal advice, consult with a licensed immigration attorney or accredited representative. Consumers may contact 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 questions truthfully, but they are generally only required to provide detailed information for people seeking benefits coverage.

California and other states have reported that the federal government sought access to certain SNAP recipient information. Los Angeles County 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, and court orders currently limit certain federal actions while litigation continues. The legal situation could change as court cases proceed.

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 the parent is not eligible personally.

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. Those 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. Consumers may contact the Office of Immigrant Affairs at 800-593-8222 for referral assistance.