Public Charge Today: Which Benefits Are Safe to Use and Which Are Not?

Fear and confusion about the “Public Charge” rule have prevented countless immigrant families from accessing vital health, food, and housing assistance they are eligible for.

It’s time to set the record straight: The old, extremely broad Trump-era public charge rule is no longer in effect. The current policy is much narrower, and most essential benefits are safe to use.

Here is a clear, fear-reducing guide to understanding who is affected and which programs are safe for you and your family.

1. Who is NOT Subject to the Public Charge Test?

The first and most important thing to know is that the Public Charge test does not apply to everyone. If your case falls into one of these categories, you can safely access all benefits you are eligible for:

• U.S. Citizens and those applying for U.S. Citizenship (Naturalization).
• Refugees and Asylees (and those applying for these statuses).
• VAWA self-petitioners.
• T and U Visa applicants and holders (victims of human trafficking or crime).
• Special Immigrant Juveniles (SIJS).
• DACA recipients applying for renewal.
• Lawful Permanent Residents (Green Card Holders), unless you leave the U.S. for more than 180 days at one time and seek to re-enter.

2. Which Benefits Are Considered “SAFE” to Use?

Under the current rule, immigration officers will NOT consider your use of the vast majority of non-cash public services. These services are safe to use:

✅ Health Services

• Medicaid/Medi-Cal (except for long-term institutional care, like a nursing home).
• The Affordable Care Act (ACA) and all related premium tax credits.
• Children’s Health Insurance Program (CHIP).
• COVID-19 testing, treatment, and vaccination.
• Care at local health departments and community health centers.

✅ Food & Nutrition

• SNAP (Food Stamps).
• WIC (Special Supplemental Nutrition Program for Women, Infants, and Children).
• School lunch and breakfast programs.
• Emergency food banks and pantries.

✅ Housing & Other Support

• Public housing or Section 8 housing assistance.
• Low Income Home Energy Assistance Program (LIHEAP).
• Child care assistance.
• Disaster relief (like FEMA aid).
• Unemployment Insurance (UI), Worker’s Compensation, and Social Security (Retirement/Disability). These are earned benefits and are not counted.
• Tax credits like the Earned Income Tax Credit (EITC) or Child Tax Credit.

3. The Only Two Benefits That Count Negatively

If the Public Charge test does apply to your specific immigration application (primarily those applying for a Green Card through a family member), immigration officials will only look at two types of benefits received by the applicant:

1. Public Cash Assistance for Income Maintenance: Ongoing cash benefits intended for day-to-day living, such as:
   • Supplemental Security Income (SSI).
   • Temporary Assistance for Needy Families (TANF) cash assistance.
   • State or local General Relief/Assistance cash programs.
2. Long-Term Institutional Care: Government payment for long-term care in a nursing home or mental health institution. (Short-term stays for rehabilitation or substance abuse treatment are generally safe.)

Important Note: Officials will not count cash benefits used by a family member, such as a U.S. citizen child who receives SSI. Only the benefits received directly by the immigrant applicant are considered.

4. Public Charge is Not an Automatic Denial

Even if you have used one of the two counting benefits, it does not automatically mean your application will be denied.

The immigration officer is required to look at the “totality of the circumstances,” which includes:

• Age and Health: Your overall physical condition.
• Financial Resources: Your assets, income, and the Affidavit of Support filed by your sponsor.
• Education and Skills: Your job history and ability to earn an income.

A strong sponsor, high education, or good job skills can outweigh past, limited use of a counting benefit.

Conclusion: Please seek the medical, nutritional, and financial help you and your family are eligible for. The benefits most families rely on for health and stability are safe and are not a risk to your immigration case. When in doubt, consult with an immigration attorney.