When an individual applies for a green card or a visa to enter the United States, immigration officers use the public charge test to determine if the applicant is likely to depend on government benefits in the future.
The test considers multiple factors such as the applicant’s age, education, skills, income and assets, health, sponsorship, and use of certain benefits. Public charge dates back to the 1800s. Until the rule recently changed, the Biden administration relied on the 1999 field guidance which limited the consideration of public benefits used to cash assistance and long term care.
The current administration rolled out new guidance on September 18, 2026, that expands the list of public benefits considered in a public charge test. In many immigration cases, officials may now consider the use of CalFresh, Medi-Cal, and other public benefits in this test. Public charge does not apply to everyone and does not determine eligibility for public benefits.
However, these changes cause uncertainty and misinformation, resulting in a “chilling effect” where families avoid or leave programs they may be eligible for due to fear of jeopardizing their legal status. This makes it significantly challenging for families to access proper nutrition, health, and other resources they need to survive (CA Budget & Policy Center, 2026).
The Enroll LA team will continue supporting community members with CalFresh enrollment by staying informed and sharing resources about the new public charge rule. To learn whether you or a loved one may be affected, we encourage you to consult a qualified immigration attorney for legal advice and refer to credible sources to help prevent misinformation. See below for helpful resources.
General Public Charge Resources
Public Charge, Benefits and Immigration | Keep Your Benefits
Public Charge: Does this Apply to Me? – Protecting Immigrant Families
General Immigration Attorney Resources
ImmigrationLawhelp.org
Neighborhood Legal Services (NLSLA)
Office of Immigrant Affairs