It is part of federal immigration law to identify who might depend on the government as their main source of support in the future. If someone is considered a public charge, then the government can deny that person's application for admission into the U.S. or an application for lawful permanent resident status (LPR or "green card").

Though there had recently been a short period of time when the definition of public charge changed, please note that the definition has returned back to what was outlined going back to 1999, making it safe for many immigrants to access CalFresh.

As of March 9, 2021 public charge applies only to the circumstances listed below.

Public charge applies to:

• People who receive public cash assistance for income maintenance (such as SSI; TANF cash assistance; state and local cash assistance programs such as General Relief)

• People who are institutionalized for long-term care at government expense (such as when Medicaid/MediCal pays for long-term care in a nursing home or mental health institution). Please note that short periods of rehabilitation are not considered.

The public charge test only applies to some programs and some immigrants. It never applies to U.S. citizens, so it is safe to apply for the U.S.-born children of immigrants. It also does not apply to MOST people with a green card, or asylees, refugees, people with U visas, T visas, VAWA, and many others.

There are many programs that are safe, and the list is long. Here are a few:

• It is safe to access food assistance programs such as CalFresh/SNAP, WIC, school meal programs, and food banks!

• It is safe to access health insurance programs such as MediCal/Medicaid (as long as not for long-term instiutional care noted above); and children's health insurance programs

• It is safe to access housing programs (such as public housing and section 8); child care services; energy assistance (such as LIHEAP); emergency disaster relief; pandemic relief payments (stimulus checks); testing, treatment and vaccines for COVID-19; educational assistance; job training programs; community programs (such as meal sites, counseling, and short-term shelter)

Not all cash assistance is provided for the purposes of income maintenance, and thus not all cash assistance is relevant for public charge purposes.

On Tuesday, March 9, 2021, the Supreme Court and the Seventh Circuit rejected pending Public Charge cases, ending Public Charge rules changed during President Trump's administration. The decision is final. The long-established 1999 guidance will go into effect again immediately, offering certainty to eligible immigrants and their family members to safely access health, nutrition, and housing benefits.

• Health care programs, including Medicaid (MediCal in California) and COVID care, housing, food programs, and many other vital services are again safe to apply for.

• Additionally, many eligible immigrants will be able to apply for legal status without fear of harmful Public Charge rules. The State Department has been blocked from enforcing Public Charge rules established by President Trump's administration at all US consulates and embassies since July 29, 2020.

Remember! The Public Charge test only applies to some programs and some immigrants:

• It never applies to US citizens, including children of immigrants. It is safe to apply on behalf of U.S. citizen children

• It also does not apply to MOST legal permanent residents, asylees, refugees, U-Visa, T-Visa, VAWA, and many others.

• The fact that a family member is using benefit programs cannot affect the future of your immigration applications.

• Obtaining COVID-19 testing, treatment and prevention services, including vaccines, are not part of the Public Charge. Pandemic relief payments (stimulus checks) are also not part of the Public Charge.

• The use of benefits from health, nutrition and housing programs cannot be considered a Public Charge.

If you or someone you know has questions about Public Charge or applying for CalFresh as a non-citizen, please call our CalFresh Outreach team:

• CalFresh Outreach (707) 445-3166 extension 308

• Spanish speaker on CalFresh Outreach team: (707) 445-3166 extension 318

• Or email CalFresh@foodforpeople.org