On October 10, 2018, the federal government published a PROPOSED public charge rule that expands the definition of ‘public charge’. The new rule is currently NOT in effect. To learn more about the proposed public charge rule, click here for the What You Need to Know flyer. A Public Charge 101 resource is also available.
- A new PROPOSED public charge rule was published by the federal government on October 10, 2018 that expands the definition of ‘public charge’. The new rule is currently NOT in effect. A 60-day comment period is open until December 10, 2018, which allows everyone to comment before the government finalizes this rule.
- WIC is NOT included in the proposed new rule. This means that the proposed rule does NOT include WIC in the expanded public charge test.
- Some new public benefits that could be included as part of the public charge test include most Medi-Cal (Medicaid) programs, CalFresh (SNAP), and housing subsidies, among others.
- The proposed rule is NOT retroactive. That means the only benefits that will be considered are those that you receive AFTER the rule goes into effect.
- The proposed rule states that benefits received by U.S. citizen children will NOT directly affect their parent’s public charge determination. Please seek legal advice if you have questions, as each case is different.
- Not all immigrants are affected by the proposed public charge rule change. Some groups that are exempt from the public charge test include green card holders applying for citizenship, refugees, asylees, survivors of domestic violence, trafficking or other serious crimes, and several other groups.
- Every immigration case is unique and families should talk to legal experts.
Please seek legal advice for your family, as each case is unique. Legal resources for Los Angeles, San Bernardino, and Orange County residents are available HERE.
A 60-day comment period is open until December 10, 2018, which allows everyone to comment before the government finalizes this rule. The federal government is specifically asking the public for comment on this proposed rule, and we encourage everyone to do so HERE.