California officials say fear around the Trump administration’s new public charge policy is already contributing to people leaving Medi-Cal and CalFresh, and are urging immigrant families to seek legal advice before giving up benefits.
Less than a week after the Trump administration’s new public charge policy took effect, California’s top health official said fear and confusion are already affecting how some families use the state’s safety net.
“We have seen a decline, and we’ve seen disenrollment,” California Health and Human Services Secretary Kim Johnson said at a Sept. 24 American Community Media briefing.
Johnson said the state has seen decreased enrollment in Medi-Cal, California’s Medicaid program, and CalFresh, its food assistance program. But she cautioned that the declines cannot be attributed to public charge alone, because other federal changes to health and food assistance programs are happening at the same time.
What worries state officials is that some people who remain eligible for assistance may give it up because they fear receiving benefits could hurt their immigration case.
California saw that “chilling effect” under previous public charge policies, Johnson said, when people who were still eligible for services either disenrolled or did not apply.
The state is urging families to speak with a qualified immigration legal service provider before stopping health coverage, food assistance or other benefits.
Public charge is a ground of inadmissibility under federal immigration law that can affect whether some immigrants are admitted to the United States or approved for permanent residency.
The Trump administration began implementing its new policy Sept. 18. According to the briefing, it applies to adjustment-of-status applications filed on or after that date, as well as relevant admission decisions.
The rule does not apply to every immigrant.
Johnson said it primarily affects some people applying for green cards through family members or employers, while categories including refugees and people granted asylum are exempt.
“Everyone’s individual circumstances are unique,” she said, urging people with questions about their immigration cases to consult a legal service provider rather than make decisions based on general information.
That distinction matters because one of the biggest concerns state officials are hearing is whether a child’s medical or nutrition benefits could hurt a parent’s future green card application.
Johnson said immigration questions should be handled by qualified legal providers, while county health and human services workers can help people understand individual benefit programs.
California, New York and Illinois led a coalition of 22 attorneys general challenging the administration over its public charge rule. The said CA Attonrney General Rob Bonta, “unfortunately gives immigration officers unlimited discretion to deny someone a green card,” if they’ve applied for, approved or received a public benefit program. He called it an “inhumance”, ‘unlawful” and “cruel” “anti-immigrant policy'” that forces immigrant families to “forego healthcare and food assistance programs even if they need them,” creating the fear that “using them could jeopardize their immigration status.”
Public benefits programs exist so a family can make sure they have nutritious food on the table and “keep a roof over its head when times are hard” he explained. It meant a child could get opreventatative healthcare befor a healthcare problem “becomes an emee4rhgency.” The new rule ‘treats all of thesse as a reason to deny immigrants their green cards, he added. The law will even hold this against the non-citizen parents of a U.S.ctizen child, who iare legally entitled to these benefits.
Congress never intented for immigration officers to have discretion over how the public charhge rule is applied saidonta and the lawsuit is seeking to have it struck down.
What at stake for California’s immigrant communities is that many families., U.S. citizens and non-citizens alike, will stop using the benefits they need for rent, groceries and healthcare, said Bonta..
“We’ve seen this before. During the previous Trump administreation, 1 in 4 low income immigrant adults stayed away from public benefits programs because they fear …what could mean for their immigration statrus.” Nearly half were U.S. citizens or green card holders he added. “That means parents struggling to put meals on the table, families losing housing, psrents and children missing necessary doctor’s appointments. That’s what fear and confusion do.”
The legal fight is unfolding as state officials try to keep confusion over immigration policy from pushing eligible families out of programs they need.
Johnson said that under previous public charge policies, children were particularly vulnerable to the chilling effect, including U.S. citizen children whose parents were immigrants.
California has many mixed-status families, she said, making clear communication especially important.
The anxiety also extends beyond public charge.
“We have heard that people don’t differentiate government,” Johnson said. Whether an agency is federal, state or county, some immigrants may simply see it as government and be reluctant to engage.
That is why California has increasingly relied on community organizations, health workers, navigators and other local messengers to explain policy changes, she said.
State officials are also concerned that people may delay medical care if they leave coverage.
Johnson said California expects broader federal changes to health programs to put pressure on hospitals and emergency rooms as some people lose coverage or avoid seeking care until they are sicker.
California Health and Human Services is directing families to its public charge guide and qualified nonprofit immigration legal service providers before they change their benefits.
Johnson repeatedly emphasized during the briefing that people should find out whether public charge actually applies to their circumstances before disenrolling.
The uncertainty has also created opportunities for immigration scams.
California’s Attorney General’s Office warns that people calling themselves “immigration experts,” “notarios,” notaries or paralegals are not necessarily authorized to provide immigration legal advice. Only lawyers, accredited representatives and recognized organizations can give legal advice or represent someone in immigration court.
The state recommends checking whether anyone offering immigration assistance is properly licensed or accredited and directs Californians seeking free or low-cost help to legitimate legal aid organizations, including those listed through LawHelpCA.
Officials also warn people not to give money or personal information to anyone who calls, texts or emails claiming there is a problem with an immigration case. Suspected immigration scams can be reported to the California Department of Justice or local consumer protection authorities.
For Johnson, the immediate message is simple: families should not give up services they need because of fear or rumors.
Before making that decision, she said, find out what the rule actually means for you.
