News & Updates

Resources on the New Public Charge Rule

Handouts:
Customized handouts on Public Charge with SLO County referral information:
SLO Co Getting the Help you Need Updated Sept 2019
File Size: 284 kb
File Type: pdf
Download File
More handouts about Public Charge, for background and to give to families:
https://protectingimmigrantfamilies.org/community-education-resources/

What is Public Charge and How Does it Affect Immigrant Families?

What is public charge?
The Trump Administration is seeking to change immigration policy through new rules for immigrants who apply for lawful permanent residence (LPR, or "green card"). The new rules will replace family immigration policies in favor of policies that favor richer and better educated immigrants. The rules will also greatly expand the programs whose use could lead to a public charge determination. This could lead to the denial of legal permanent residence for many immigrants. It will likely also have the effect of discouraging many immigrants from using any government services, regardless of their status. 
 
"Public charge" is a ground of inadmissibility that could bar a person's admission to the U.S. on a visa or deny their adjustment of status to that of a lawful permanent resident. During the LPR application process, the government looks at the "totality of circumstances," including whether the applicant has used cash aid (TANF, SSI, General Assistance) or government-funded long term care and other factors. If a person is determined to be likely to become a public charge - someone who will be dependent on the government for basic needs - then they are denied. 
 
What are the changes?
The new federal regulations will expand the programs whose use can lead to a public charge determination to include programs such as Medi-Cal (except emergency, pregnancy-only, and state-only services), CalFresh (Food Stamps), and Section 8 housing vouchers. Currently only the receipt of cash benefits such as CalWorks, and long term care are included. 
 
The rules also add factors for the "totality of circumstances" balancing test that will make it harder for low and moderate income people to pass.
 
The Changes:
  • Changes do not apply until October 15 (possibly later because lawsuits are being filed). Any government services being used before October 15 will not be considered under the new regulation.
  • Use of services by family members will not be considered under the new regulations.
  • Only Medi-Cal, CalFresh, Section 8/Federal Housing, and cash assistance will being considered. Other services will NOT be counted in the new public charge test and are safe to use. 
  • Emergency Medi-Cal, Medi-Cal for pregnant women and new mothers, and Medi-Cal for children under 21 will NOT be counted in the new public charge test.
  • The Medi-Cal expansion next year for undocumented young adults ages 18-25 will NOT be counted in the new public charge test because it will use state funds.
  • This rule ONLY affects applications for adjustment of status,legal permanent residence and entry visas, and those who have LPR status and leave the country for at least 180 days. It does not affect LPR renewals or citizenship applications, or people who are not intending to apply for LPR status. It also does not affect: refugees; asylees; survivors of trafficking, domestic violence, or other serious crimes (T or U visa applicants/holders); VAWA self-petitioners; and certain other groups. 

Take-Aways:
  • Even for families who want to apply for a green card and do not want to be seen as a public charge, benefits like Medi-Cal may still be worthwhile. The public charge test looks at all of a person's circumstances to guess whether they will use benefit programs in the future. So for example, if an adult stops using Medi-Cal but then becomes too sick to work, they would likely look worse on the public charge test than if they had used Medi-Cal and stayed healthy.
  • Each family is different and will need to make their own choices. Provide accurate information and encourage families to seek legal advice when possible.
  • The primary outcome of this rule change is fear, which stops people from using the services they need to stay healthy. Fight fear with facts and encourage a calm, thoughtful response.  

For individual cases, consult an immigration attorney or a BIA-accredited representative:
http://www.cdss.ca.gov/Immigration-Services
https://ready-california.org/legal-service-directory/
Catholic Charities: https://catholiccharitiescentralcoast.org 
Sign up for our monthly newsletters:
Join the Health Access Project e-Newsletter
Email:
Read the last five newsletters here:


New Mental Health Resources for Immigrant Families

Picture
Immigration causes unique stressors for children, many of which have been exacerbated with recent uncertainty about immigration laws and heightened fears of deportation.

Two new resources are available for you to share with immigrant families, to help parents support their children's mental health. Each handout is available in both Spanish and English.

"Talking About Immigration: What Does Your Child Understand and Need to Know" gives parents tools for the difficult task of discussing immigration with children. This resource begins with the gentle reminder to parents that "It is difficult to know how to talk about immigration with your child" and continues with a menu of tools for an ongoing dialogue aimed at helping coping with immigrant stress. Click here to download "Talking About Immigration."

"You CAN Help Your Child Feel Less Stressed!" is another valuable resource to empower parents. This handout shares five simple skills for reducing stress, explains how stress affects children differently than adults, and provides information for local mental health resources. Click here to download "You CAN Help Your Child Feel Less Stressed!"


Download our Directory of Family Resource Centers

Our updated SLO County Directory of Family Resource Centers is now available for download!  

This quick and easy reference guide contains contact information along with a brief description of numerous resource centers available for families in San Luis Obispo County. The list of supporting organizations include pregnancy support, homeless resources, mental health and much more.
​
We invite you to download our 2019 Directory of Family Resource Centers and share it with your colleagues and clients.

 

Picture
The Health Access Training Project is a project of First 5 of San Luis Obispo County which advocates for quality programs and services to support children from prenatal to age five, ensuring that every child is healthy and ready to learn in school.