Congrats to all our interns for getting through 2 rotations now! On behalf of the UCSF Peds Residency Immigrant Health Task Force (IHTF), we wanted to share our second Immigration Health Tip of the Month.
What is public charge? A test in U.S. Immigration law that assess if someone is likely to depend on public benefits programs in the future. Officers look at multiple factors such as age, educational status, health, job, and prior use of public programs. Ex of Positive factors: completed training for a new profession, having a collected-educated child who will help support the family. Ex of Negative factors: low income, age <18y or >61y
Who does this apply to? Applies to 2 cases: if you are applying for a VISA to enter the U.S. and applying for permanent residence (a “green card” through a family member. NOTE: Benefits received by family members are NOT part of the public charge analysis and they will not directly harm applicant. (However, if that family member is the same one that is petitioning for that person it may be included)
Who does it NOT apply to? Refugees, asylees, young people with SIJS, U and T visa, VAWA petitioners, DACA renewal applications, naturalization (citizenship) applications, most permanent residents.
What public benefits are considered?
- Cash Support for Income Maintenance: SSI, TANF (CalWORKS), General Assistance (CAPI)
- Non-Emergency Medicaid (Exception for coverage of children under 21, pregnant women (including 60 days post-partum) and emergency services)
- Supplemental Nutrition Assistance Program (SNAP or Food Stamps)
- Housing Assistance (Public Housing or Section 8 Housing Vouchers and Rental Assistance
What programs are NOT considered?
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Medi-Cal for children <26yo |
Earned benefits (unemployment, SS retirement, workers compensation) |
Advance premium tax credits under the Affordable Care Act |
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Medi-Cal use by pregnant women and up to 60 days after pregnancy |
Tax credits, including the Earned Income Tax Credit and Child Tax Credit |
Pell grants and student loans |
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CHIP |
Benefits used by military families |
Health and nutrition services at public schools |
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WIC |
Entirely state, local, or tribal programs (other than cash assistance) |
Public education, including Head Start |
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Food banks |
Energy Assistance (LIHEAP) |
Non-cash TANF benefits |
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Emergency and disaster relief (see below for CARES act and FFA) – includes COVID19 treatment (in California) |
Transportation vouchers or non-cash transportation services |
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CAVEAT: Things may change in California given changes in other states. “Effective July 29, 2020, a federal court ruling prohibits the application and enforcement of this new public charge rule in Connecticut, New York, and Vermont. However, the policy may be applied in California, although the federal government has not released additional guidance and this may change. Please visit the US Citizenship & Immigration Services (USCIS) website for updated information.” This is still a moving target so please keep your eyes and ears out for any updates. Great website for more information on CA: https://covid19.ca.gov/guide-immigrant-californians/
Flyers with this information for Providers:
https://drive.google.com/file/d/1mOlPG071z4Y29oOm6qnsEbkNMFH6vnPX/view?usp=sharing
https://drive.google.com/file/d/1z-a54e3uPJfyulDwkCN1FRu9AhRhzWl8/view?usp=sharing
We will have more teaching on this and other topics coming this year. If you'd like to join the IHTF listserve, email [email protected].
Best,
Greta and Ali Lai OBO UCSF Pediatric Residency Immigrant Health Task Force (IHTF)