Intro: The new policy doesn’t apply to immigrants, asylees, refugees, green card holders who are applying to renew their green card or become US citizens
What is Public Charge
On September 18th, the Trump administration will begin implementing its new public charge policy, which assesses whether an individual is more likely to rely heavily on government aid such as SNAP and Medicaid. The implementation of such an assessment has caused tension in communities and mixed-status families, heightening anxiety about accessing federal public benefits. Many have already dropped out of federal benefits for which they qualify because of fear of impacting their future immigration status.
During a September 9th briefing hosted by American Community Media (ACoM), speakers discussed the impact of the policy on immigrants, calling it a discriminatory tool designed to turn away low-income immigrants and people of color.
In 1996, the Immigration and Naturalization Service under the Clinton administration established formal criteria limiting public charge evaluation to only two types of benefits. One was cash assistance for income maintenance such as Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI), and the second was government-funded long-term institutionalization care.
But in 2019, under the first Trump administration, the rule was expanded to penalize the use of other essential safety-net programs such as SNAP, Section 8 housing assistance, and Medicaid.
This expansion in the policy, however, was struck down by federal courts in 2021 due to record-breaking opposition and rigorous litigation. Then, in 2022, when the Biden administration came to power, it reinstated the narrower 1996 guidelines for the policy, noted Cadena.
Adriana Cadena, executive director of the Protecting Immigrant Families Coalition, noted that over a quarter of Americans under 65 and 38% of Californians rely on Medicaid for health coverage, and accessing these programs is critical for basic survival in today’s economic system.
“The new public charge policy is intended to force families to choose between applying for a green card now or in the future, and accessing basic needs like food, rent, and healthcare,” she said.
Legal Challenges
Elaborating further on the ramifications of the new public charge policy, Ariel Brown, attorney at the Immigrant Legal Resource Center, said that unlike the 2019 Trump-era public charge rule that established rigid weighted factors, the new framework removes clear parameters, making evaluations subjective and prone to officer bias.
“During the first Trump administration, we saw a whole wave of lawsuits challenging that first Trump public charge rule that was filed across the country. Some of the legal challenges that were raised, which would apply again, are things about how the changes are arbitrary and capricious because it departs from long-standing prior law and practice without adequate explanation,” said Brown
Brown urged people skeptical about accessing certain safety net programs to talk to legal representatives, an attorney, or an accredited representative to evaluate their options and find out if that pathway would involve a public charge test.
She clarified that the new policy doesn’t apply to immigrants, asylees, refugees, green card holders who are applying to renew their green card or become US citizens and someone who does not have an immediate immigration pathway and is not planning to submit any immigration application.
Impact on children and black diaspora
The new policy is also going to have a significant impact on children belonging to immigrant families and mixed-family status. According to Sarah Dar, vice president of policy and advocacy at the Children’s Partnership, over 3.7 million California children from immigrant families could be affected by this policy. She noted that a vast majority of these children were born in the US and have either one undocumented parent or a parent with non-US citizenship.
“So, for a lot of parents and families, a huge concern is that: I have a US citizen child or a child that’s eligible for means-tested service, and I’m concerned that their use of the benefit is going to impact my immigration case,” said Dar.
A Stanford Center on Early Childhood Rapid Survey conducted between September 2025 and June 2026 found that about 61% of surveyed California parents expressed concern that immigration enforcement could impact their childcare participation, 66% reported a decreased sense of safety and belonging due to immigration enforcement, and about 58% reported their children experiencing fear, stress, and anxiety.
Dar explained that while earned and universal benefits, like public schools or California’s universal school meals, are safe, means-tested benefits like Medi-Cal or CalFresh could be factored into public charge assessments. Income-based free school lunch in other parts of the country, in theory, could also be counted. However, usage of benefits does not automatically trigger a green card denial. Therefore, she urged families to seek legal advice before withdrawing from programs and shared alternative resources like community clinics and food banks.
Dar noted there is a lot of confusion regarding the new policy in terms of its criteria, and the best approach would be to wait and see until immigration lawyers gather more information about people’s cases and understand what actually happens in practice.
“Let’s not just make decisions based on the rhetoric that’s being put out by the administration and the fearmongering, which is the whole point of this policy.”
Meanwhile, Cheryl Branch, executive director of Los Angeles Metropolitan Churches, said that they are building community safety nets to help the Black Diaspora, including the Nigerian, Ethiopian, and Jamaican communities. She said that they are creating community-funded alternatives, such as food pantries and health interventions, that do not require documentation or paper trails to help those affected by the new public charge policy.
“When the federal rules make people afraid to use the safety net that exists, then this is where Los Angeles Metro Churches begins because we’re building safety nets right underneath this rule.”
She advised those affected to approach their faith-based leaders to help get accurate information out and create safe spaces for all.
Resources to help immigrant families
To help immigrant families navigate Trump’s new public charge policy, the California Health & Human Services Agency (CHHSA) is uploading information on its website and directing families to the right people to ensure they receive individualized legal counsel and prevent their disenrollment from federal benefits.
“The point of this policy is to create a chilling effect. The federal government estimates that they plan to save $13 billion every year because of the chilling effect. So, they know citizens are going to drop out of programs that they’re entitled to, and that is going to create huge costs in terms of hardships to families,” said Daniel Torres, chief equity officer & special counsel, CHHSA.
Interestingly, the policy is contrary to public opinion, with 83% of Americans favoring safety net access for lawfully present immigrants, noted Cadena, and called on elected leaders to act against the policy.
“More than 50 members of Congress, including 15 members of the California delegation and the two senators, along with a total of 15 US senators, have already co-sponsored legislation to block implementation. So, this bill must be a priority for elected leaders, particularly for the Democratic leadership when they are doing the end of the year’s budget negotiations,” she said.
