Accessing Food Assistance Programs Will Not Affect Your Immigration Status

These food assistance programs are not used to determine public charge. Please continue to access them as needed:

  • CalFresh - as of March 2021

  • School Meals - Free and reduced-price school, afterschool, and summer meals

  • P-EBT 2.0 - Pandemic EBT

  • California Food Assistance Program (CFAP)

  • WIC (Women, Infants, and Children)

  • Food pantries and distributions

    • San Diego Food Bank

    • Feeding San Diego

  • Senior Congregate and Home Delivered Meals

To learn more about these resources, visit: sdhunger.org/resources

Public Charge Explained

Immigration officials determine whether someone is a public charge when they apply for a visa, admission to the country, to receive a Legal Permanent Residence (“LPR” or green card), seek an extension or change of immigration status, or when LPRs seek to return to the country after being absent for 180 days or more (consecutively) or having committed a crime. Officials will consider a variety of factors including age, health, education, income and/or familial status, and former receipt of cash benefits, etc. If individuals are determined likely to become a public charge, they may be denied the immigration benefit they are seeking.

Updates to the Public Charge Rule

On September 9, 2022, US Citizenship and Immigration Services (USCIS) published a final rule on the public charge inadmissibility ground. The new rule will become effective on December 23, 2022.

The final rule adopts a very similar definition: a person who is likely at any time to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.”

The new regulation clarifies what is and is not considered in a public charge determination:  

  • A child’s or other family member’s use of federal safety net programs will not be considered in a public charge assessment.

  • SNAP, WIC, and other “non-cash” programs (such as P-EBT benefits) also are not counted in a public charge test.

  • Confirms that eligible immigrant families can use health care, nutrition, and housing programs without public charge concern.

In March 2021, the changes to the Public Charge Rule implemented by the Trump Administration in 2019 were reversed. It is now safe to access all forms of food assistance, including CalFresh/SNAP.

Your status cannot be affected by a family member’s activity, and your receipt of benefits cannot impact a family member’s immigration status.

CalFresh for Immigrants

Important messages on CalFresh and public charge:

  • You will not become a public charge because you are getting CalFresh.

  • You will not be denied U.S. citizenship because you get CalFresh benefits.

  • If you get CalFresh, it will not hurt your chances of getting a green card.

  • Applying for CalFresh will not affect your (or your family’s) immigration status.

  • CalFresh does not share information with immigration enforcement officials.

  • All children born in the U.S. can get CalFresh benefits if they qualify. It does not matter where their parents were born.

  • We hosted a joint webinar with Community Relations Officers from USCIS and Immigration Attorneys from the Legal Aid Society of San Diego in April 2023 to discuss the final public charge ruling. If you’d like to learn more about public charge and CalFresh for Immigrant Families, please visit our YouTube page:

  • Public Charge Test Guide

    • Use this guide to better understand if public benefits affect immigration options.

Frequently Asked Questions:

Which immigrants can get CalFresh?

You may be eligible for CalFresh if you have been granted:

• U.S. citizenship
• A green card
• Refugee, asylum, or parolee status
• A U-Visa or T-Visa (or are applying for one)
• VAWA (Violence Against Women Act) relief
• Cuban or Haitian entrant
• An Afghan entering with special Immigrant VISA (SIV), (SQ/SI) Parole, or other forms of humanitarian parole
• Hmong/Laotian or American Indian born in Canada

An individual does not qualify for CalFresh if they are:

• An undocumented person
• Deferred Action for Childhood Arrivals (DACA) recipients
• In the process of petitioning for asylum/refugee status (you must be granted asylum/refugee status to be eligible)
• On a student, work, or tourist visa.
• Here under Temporary Protected Status

What if some people in my household qualify and others don’t?

It’s possible that not all individuals in the household will be eligible for CalFresh, and that’s okay. If someone in the family is undocumented, eligible household members can still apply and receive benefits.

For example, if a father is undocumented and has 2 children with U.S. citizenship, the father can opt-out and apply on behalf of his children. He will never need to disclose his legal status at any point in time.

Some helpful reminders:

• Benefits used by children or other household members do not negatively impact undocumented family members.
• Children who have citizenship or eligible immigrant status can receive benefits even if their parents are undocumented.
• If you tell your caseworker that a non-citizen in your family does not want to be considered for benefits, they are not allowed to ask for proof of their immigration status.
• It's important to be honest about your situation when applying for CalFresh. But remember, you do not have to provide proof of immigration status for anyone who is not applying for benefits for themselves.

Important: If you are applying only for other people in your household, you don’t have to provide proof of your immigration status.

Does getting CalFresh hurt my immigration status or make me a public charge?

No. The United States Citizen and Immigration Service does not consider people using CalFresh to be public charges. Using food programs like CalFresh, WIC, and school meals will not affect your immigration status.

Does getting CalFresh affect my ability to get citizenship or a green card?

Getting CalFresh does NOT affect your ability to get citizenship. This is because the public charge test is not a part of the citizenship application process. Additionally, the public charge rule does not apply to anyone who already has a green card, unless they leave the U.S. for more than six months. .

The public charge rule does not apply to anyone who has, or is applying for, one of the following

• U.S. citizenship
• Green card holder applying for a renewal
• Refugee status
• Asylum
• U or T Vista
• Immigration relief through VAWA (Violence Against Women Act)
• Temporary Protected Status (TPS)
• Special Immigrant Juvenile (SIJ) status

How will my personal information be used? Will it be shared with immigration officials?

Federal and state laws protect the privacy of people who apply for and receive CalFresh. The County of San Diego and California Department of Social Services will check to make sure you are eligible for the program, but they do not share information with ICE or immigration officials.

Your personal information is protected and only used to determine your eligibility for benefits. If you are applying for benefits only for another person in your family or household, you do not have to share your immigration status with CalFresh.

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What documents will I need to provide to get CalFresh?

Documents that are usually required for CalFresh include:

• A copy of your ID
• Proof of any income from the last 30 days
• Proof of financial aid (for college students)

Immigrants may also be asked to provide:

• A copy of your green card
• A copy of your most recent paperwork for a U Visa, T Visa, asylum, refugee, or parole status, or a VAWA (Violence Against Women Act) petition
• Naturalized U.S. citizens may be asked to provide a copy of their U.S. passport or naturalization papers
• Sponsor financial information IF family members apply for CalFresh have had a green card (LPR status) for five or more years.

Additional documents that may be requested in order to receive a higher amount of benefits:

• Housing expenses
• Child support paid
• Child/dependent care paid
• Medical expenses if you are 60+ or disabled

If you don’t have the required documents: Your caseworker can help you obtain the necessary paperwork. If you are stuck or are not receiving the support you need, please contact calfresh@sdhunger.org.

Will I need to include my sponsor’s information?

A sponsor’s income and resources may need to be counted when you apply for CalFresh, but it depends on each household. Sometimes you will only be asked for a sponsor’s name, but no financial information.

• Depending on your legal status, you may need to provide your sponsor’s financial information. This will not affect your income or eligbility for CalFresh benefits.
• Sponsors may provide their financial information using the SAR 22 Form here
• If you cannot provide your sponsor’s information and you make at or below 130% Federal Poverty Level, you may fill out the USCIS 09-99 Indigency Form here .

• The 09-99 form is sent to USCIS; however, there have been no effects seen so far in the state of California.

The best way to determine if you need to include this information is by working with a trained CalFresh Application Assistor here who can help answer your questions.

Who can help me with the CalFresh application process?

In San Diego County there are more than 20 community-based organizations that have CalFresh Application Assistors who are trained to successfully complete the CalFresh application process, and many of them offer services in multiple languages. You can find a CalFresh Application Assistor that is closest to you at sdhunger.org/GetCalFresh .

The San Diego Hunger Coalition works closely with the County of San Diego to help make sure that anyone who is eligible for CalFresh gets it. If anyone has issues relating to CalFresh and have not connected with a CalFresh Application Assistor, they can connect with our CalFresh Team at calfresh@sdhunger.org

Where can I get food assistance if I don’t qualify for CalFresh?

Food distribution sites can be found throughout San Diego County. To find a distribution site near you, you can contact San Diego Food Bank and/or Feeding San Diego

Please contact an immigration attorney if you have questions about how the new Public Charge rule affects you or someone you know.

Resources

 
 

  • Keep Your Benefits: Online Public Charge Screening Tool  https://keepyourbenefits.org/en/ca/
    This screening tool helps immigrant families and providers get the basic information they need about the public charge rule. It asks a series of questions that help immigrants understand how using public benefits may affect their immigration status, which benefits are safe to use, and when to seek legal advice.  CA-specific information available in English, Spanish, and Chinese.

  • Read U.S. Citizenship and Immigration Services (USCIS) letter here.

  • View USCIS Public Charge page here.

Read California Health and Human Services Agence Public Charge Guide in:

GET YOUR KNOW YOUR RIGHTS CARD 

Everyone living in the U.S. has certain basic rights under the U.S. Constitution. Undocumented immigrants have these rights, too. It is important that we all assert and protect our basic rights. 

The National Immigration Law Center provides its Know Your Rights card in English, Spanish, Chinese, Arabic, Farsi, and Somali.

The Immigrant Legal Resource Center also has Know Your Rights "red cards" available on their website. 

Trusted Legal Assistance - Who to Call

Public charge does not apply to any food assistance resources; however, we recognize that some families still may have questions about Public Charge and using other program benefits. If you have questions about how public assistance may impact your immigration status, there are community agencies and resources that can provide information and advice specific to you and your family situation.

Additional trusted immigration legal resources available at: alliancesd.org/immigration-lawyer-legal-assistance-san-diego

Living in an Immigrant Family in America: How Fear and Toxic Stress are Affecting Daily Life, Well-Being, & Health - Click here to read the issue brief from The Henry J. Kaiser Family Foundation. 

If your organization has any questions about the information provided on this page, please contact the CalFresh team at calfresh@sdhunger.org.

The information and resources contained on this page are meant only as a guide and is not legal counsel. If you have questions about how public assistance may impact your immigration status, please contact a trusted immigration legal service provider.