Immigrant families in California are facing renewed uncertainty as the Trump administration prepares to implement a new public charge rule on September 18, expanding the ways federal officials may consider public benefit use in green card decisions.

In a media briefing on September 9, hosted by American Community Media, a panel of experts warned that the rule could deepen fear among immigrant families, especially in mixed-status households where U.S. citizen children may rely on health, food or housing support.

Speakers

  • Adriana Cadena, Executive Director of the Protecting Immigrant Families Coalition
  • Ariel Brown, Attorney, Immigrant Legal Resource Center
  • Sarah Dar, Vice President of Policy and Advocacy at The Children’s Partnership
  • Daniel Torres, Chief Equity Officer & Special Counsel, California Health & Human Services Agency
  • Cheryl Branch, Executive Director, Los Angeles Metropolitan Churches

The public charge test has existed in U.S. immigration law since 1882, but speakers said the new rule marks a sharp departure from decades of narrower interpretation.

Adriana Cadena said public charge has long functioned as “a discriminatory tool” used against low-income immigrants and people of color. For decades, she explained, the rule was largely limited to two categories: cash assistance for income maintenance and government-funded long-term institutional care.

That changed during the first Trump administration, when the rule was expanded in 2019 to include programs such as SNAP, housing assistance and Medicaid. Federal courts later struck down that version, and the Biden administration restored a narrower interpretation in 2022.

Cadena said the new Trump administration rule goes further by rescinding those protections and giving immigration officers broad discretion to consider safety net use by applicants and their households.

“There really are no safe programs under the new policy, except for Social Security retirement benefits and other earned universal benefits,” Cadena said.

She warned that even benefits used by U.S. citizen children could now be considered in a parent’s immigration case.

“This new public charge policy is intended to force families to choose between applying for a green card, even now in the future or accessing basic needs,” she said. “That they need like health, like food, rent, and healthcare.”

Legal Uncertainty and Expected Challenges

Ariel Brown said the new rule creates a more subjective and unpredictable system than the 2019 public charge policy.

During the first Trump administration, Brown said, officials created a stricter test by adding more details and weighted factors. This time, she said, the administration is doing the opposite by removing constraints.

“They’re sort of taking away all the constraints and parameters,” Brown said. “They’re really opening up the public charge test to be highly subjective, discretionary and prone to bias.”

Brown emphasized that the rule does not apply to every immigrant or every immigration application. Refugees, asylees, T and U visa holders, green card holders renewing their green cards or applying for citizenship, and many others are not subject to the public charge test.

She also stressed that the rule does not change whether someone is legally eligible for public benefits.

“The public charge rule does not change eligibility for public benefits programs,” Brown said.

Still, Brown said the policy is already creating confusion and fear. She urged families to seek advice from a trusted immigration attorney or accredited legal representative before dropping benefits or making decisions based on fear.

She also said lawsuits are expected, though the legal landscape may be more complicated this time because courts have become more skeptical of nationwide injunctions.

That could mean the rule is blocked in some states or jurisdictions but not others.

Children in Mixed-Status Families

Sarah Dar said California children could be deeply affected, even when they are not the ones applying for immigration status.

Nearly 44% of California’s 8.6 million children live with at least one parent born outside the United States, she said. That translates to more than 3.7 million children in immigrant families, the vast majority of whom are U.S. citizens.

More than 1 million California children are estimated to have at least one undocumented parent.

Dar said the new rule creates fear in households where a child may be eligible for Medi-Cal, CalFresh or other support, but a parent worries that using those benefits could hurt a future green card application.

“For a lot of parents and families, that’s going to be a huge concern,” Dar said. “I have a U.S. 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.”

She said the rule lands on families already facing poverty, instability and immigration enforcement fears. According to data she cited from the RAPID Survey out of the Stanford Center on Early Childhood, 61% of California parents surveyed were concerned that immigration enforcement could affect childcare participation, while 58% reported children experiencing fear, stress and anxiety.

Dar said families should not assume that every benefit creates a public charge risk. Earned benefits such as Social Security, Medicare and unemployment are not counted. Universal programs, including public schools, libraries and many senior centers, are also not counted.

Means-tested benefits, however, may now be considered if they are used by the applicant or someone in the household.

In California, Dar said universal school meals should generally not be treated as a means-tested benefit because they are available to all public school students, though she acknowledged there may still be confusion in implementation.

“I wouldn’t worry about something like school lunch here in California,” she said.

Community Fear Beyond Immigration Law

Cheryl Branch said the impact of public charge extends beyond immigration paperwork.

“It isn’t just an immigration story,” Branch said. “The public charge, rule, and the threats. It’s a community story.”

Branch said her organization works in South Los Angeles and surrounding communities, including public housing spaces in Watts where mothers have asked to meet with immigration attorneys and experts to understand what the rule means for their families.

She said faith-based groups and community organizations are building informal safety nets for families afraid to use federal programs.

“When the federal rules make people afraid to use the safety net that exists, then this is where our work begins because we’re building safety nets right underneath this rule,” Branch said.

That support can include food assistance, help with prescriptions, rides to medical appointments, blood pressure cuffs, cooking programs and trusted community spaces where families can ask questions without fear or shame.

Branch said food is often the first line of response.

“Food is the front line,” she said.

She also emphasized the importance of trusted messengers, especially faith leaders, in reaching immigrant families and Black diaspora communities that are often left out of public charge conversations.

“People of color are people of faith,” Branch said. “These are the influencers in their lives.”

California’s Response

Daniel Torres said the new rule brings state-funded safety net programs directly into the public charge conversation.

For decades, he said, public charge had clearer boundaries. Even under the 2019 Trump rule, the focus was mostly on federal programs such as Medicaid, SNAP, TANF, SSI and federal rental assistance.

Now, Torres said, the new policy expands the definition of public benefits to include means-tested programs funded by state and local governments.

“Fast forward to now, they’re erasing everything we have for decades, and creating this really expansive definition of what a public benefit would be considered under the new public charge policy,” Torres said.

He said California’s response will include public information, training for trusted messengers and connections to legal services funded through the state Department of Social Services.

Torres said the state wants families to understand the rule before making decisions that could harm their health or stability.

“We’re trying to make sure in our approach to empower families with as much information as possible so they can make informed choices,” he said.

He warned that the chilling effect reaches far beyond people directly subject to the public charge test.

“Mixed status households. We’re seeing US citizens, who are afraid to access benefits because they don’t want to cause harm to their immigrant relatives,” Torres said.

The choices families face can be severe, he added, including whether to drop Medi-Cal while undergoing chemotherapy or continue health coverage while fearing immigration consequences.

A Call Not to Panic

Throughout the briefing, speakers repeatedly warned against panic.

They said the public charge test does not apply to everyone, that many families need individualized legal advice and that dropping health, food or housing support could create immediate harm.

Cadena urged families and reporters to avoid spreading unnecessary fear.

“Don’t panic,” she said. “It’s really important not to panic and for organizations and the press to not create panic in the community.”

Brown said the rule’s impact depends on each family’s specific immigration situation.

“Public charge is unique for every family,” she said.

Dar said families should seek trusted legal support rather than assume the worst.

“It’s not cut and dry, and it’s not a one size fits all,” she said.

Torres said those with pending green card applications should consult an immigration lawyer before interviews or major decisions. For others, he said, the priority is understanding the policy and making informed choices.

“If you got to see a doctor, you know, it’s important to learn about how important MediCal is to help you get to see a doctor,” he said. “Don’t withdraw until you get some advice and you make the right choice for yourself.”

For immigrant families across California, the message from advocates was clear: the rule is complex, the fear is real, but families should seek trusted guidance before giving up essential care, food or support.