Public Charge update
On December 23, 2022, US Citizenship and Immigration Services (USCIS) published a final rule on the public charge that adopts a very similar definition: a person who is likely at any time to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.”
2026 Update
CalFresh Noncitizen Eligibility
The 2022 Final Public Charge Rule, which considers CalFresh NOT a public charge, has been rescinded due to the passage of House Resolution 1 (H.R. 1). The 2022 Final Public Charge Rule will remain in effect until September 18, 2026. After that date, immigration officials will apply a new public charge policy that considers a variety of factors, including an individual's use of certain benefits related to low income. Unlike the 2022 rule, the new policy does not identify specific public benefit programs, giving immigration officials greater discretion when making public charge determinations. This rule may apply to some people applying for a green card or certain visas, but it does not apply to everyone.
For more information on the new public charge rule, please visit the U.S. Citizen and Immigration Services website.
Because this new rule is complicated, we highly encourage you connect with Immigration Assistance providers and/or access the resources below to learn more about Public Charge:
- Higher Education Legal Services
Free immigration consultations are available to MiraCosta College students, staff, and faculty. To make an appointment, please call 858.637.3345 or email: helsimmigration@jfssd.org. - California Department of Social Services
For state-wide public charge providers, please see the CDSS website. - Protecting Immigrant Families
Please review the Public Charge Toolkit for informational resources.
CalFresh for Undocumented / Mixed Status Households
The following applies if interested in CalFresh:
- You will not become a public charge because you are getting CalFresh.
- You will not be denied U.S. citizenship because you get CalFresh benefits.
- If you get CalFresh, it will not hurt your chances of getting a green card.
- Applying for CalFresh will not affect your (or your family’s) immigration status.
- CalFresh does not share information with immigration enforcement officials.
- All children born in the U.S. can get CalFresh benefits if they qualify. It does not matter where their parents were born.
For more information and resources about Public Charge and/or CalFresh for Mixed Status Families, please visit our partner’s website: San Diego Hunger Coalition.
