The new “Public Charge” test will make it harder for immigrant families to stay together and meet their basic needs.
By targeting low-income immigrant seniors who may need extra help from programs like Medicaid, or the Supplemental Nutrition Assistance Program (SNAP), changes to public charge will ensure that the American Dream is only available to immigrants who are healthy and wealthy and who do not have disabilities. The rule threatens the ability of immigrants to obtain permanent residency (green cards) if they have ever needed help, or are likely to need help, from certain government programs and make it difficult for multi-generational families to care for one another and succeed.
The Public Charge rule was published in August 2019 and is scheduled to become effective October 15, 2019. We are continuing to work in coalition to stop this rule from being implemented. Read our takeaways on the final rule.
Resources on Final Rule
Justice in Aging:
Protecting Immigrant Families Campaign:
- Public Charge: A Threat to Immigrant Families–Updated August 2019
- Changes to Public Charge: ANALYSIS AND FREQUENTLY ASKED QUESTIONS – Updated September 2019
- Know Your Rights Community Facing Materials:
California Specific Resources:
- California Health and Human Services Agency Public Charge Guide
- CA Protecting Immigrant Families (CA PIF)
Center for Public Representation:
Kaiser Family Foundation:
Litigation Challenging the Final Rule
- Amicus Brief on the Final Rule’s Harms to Older Adults filed by Justice in Aging, American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON: A Jewish Response to Hunger, and PHI
- Justice in Aging Files Amicus Brief Arguing that Final Public Charge Rule Illegally Targets Older Adults and Their Families
- Public Charge Litigation Tracker
Preliminary Injunctions Issued October 11, 2019
- Read Justice in Aging’s comments on the proposed rule. (submitted December 10, 2018)
- Justice in Aging Issue Brief: Older Immigrants and Medicare
- Justice in Aging Webinar: Immigrants’ Access to Healthcare and Other Public Benefits
- ABA Commission on Law & Aging Bifocal Article: Older Immigrants’ Rough Road Map to Public Benefits
- National Center on Law & Elder Rights Chapter Summary: Access to Public Benefits for Older Immigrants