Recent federal law (H.R. 1) passed by Congress and signed by the President changes limit CalFresh to certain groups of lawfully present noncitizens. However, many people remain eligible for CalFresh, including household members with U.S. citizenship and some qualifying immigration statuses.

You may still be eligible for CalFresh if you are a person who is:

- A U.S. Citizen

- A U.S. National (such as persons born in American Samoa or Swains Island)

- A Cuban or Haitian Entrant (CHE)

- A Citizen of Micronesia, the Marshal Islands, or Palau

- A Lawful Permanent Resident (LPR) who has met the 5-year waiting period or is exempt from the waiting period, as listed below:

‍ ‍*Under 18 years old

‍ ‍ *Have 40 qualifying work quarters

‍ ‍*Blind or disabled

*Lawfully residing in the U.S. and 65 or older on August 22, 1996

*Have a U.S. military connection

*Admitted to the U.S. as an Amerasian immigrant

*American Indian born abroad

*Certain Hmong or Highland Laotian tribal members

*Certain other categories of humanitarian noncitizens

‍ ‍

Starting April 1, 2026, you will no longer be eligible for CalFresh and will be denied benefits at application or at recertification if you are a person who is:

- An asylee

- A refugee

- A parolee (unless you are a CHE)

- An individual with deportation or removal withheld

- A conditional entrant

- A survivor of trafficking

- A Battered Noncitizen

- An Iraqi or Afghan with a Special Immigrant Visa (SIV)

- A certain Afghan National granted parole between July 31, 2021 and September 30 2023

- a certain Ukrainian National granted parole between February 24, 2022 and September 30, 2024

When will these changes apply to me?

A county worker will check to see if you can keep getting CalFresh at your next recertification. You can keep getting and using your CalFresh until then. You may become eligible for CalFresh if your immigration status changes.

Some lawfully present noncitizens may qualify for the California Food Assistance Program (CFAP), but most noncitizens who lose CalFresh eligibility due to this recent change in law will not qualify for CFAP. From amount the persons who are losing CalFresh eligibility, you may qualify for either CalFresh of CFAP when you apply for CalFresh or at your recertification.

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It is part of federal immigration law to identify who might depend on the government as their main source of support in the future. If someone is considered a public charge, then the government can deny that person's application for admission into the U.S. or an application for lawful permanent resident status (LPR or "green card").

CalFresh and Medi-Cal are NOT public charge programs.

Though there had recently been a short period of time when the definition of public charge changed, please note that the definition has returned back to what was outlined going back to 1999, making it safe for many immigrants to access CalFresh.

As of March 9, 2021 public charge applies only to the circumstances listed below.

Public charge applies to:

People who receive public cash assistance for income maintenance (such as SSI; TANF or CalWORKs cash assistance; state and local cash assistance programs such as General Relief)

People who are institutionalized for long-term care at government expense (such as when Medicaid/MediCal pays for long-term care in a nursing home or mental health institution). Please note that short periods of rehabilitation are not considered.

The public charge test only applies to some programs and some immigrants. It never applies to U.S. citizens, so it is safe to apply for the U.S.-born children of immigrants. It also does not apply to MOST people with a green card, or asylees, refugees, people with U visas, T visas, VAWA, and many others.

There are many programs that are safe, and the list is long. Here are a few:

• It is safe to access food assistance programs such as CalFresh/SNAP, WIC, school meal programs, and food banks!

• It is safe to access health insurance programs such as MediCal/Medicaid (as long as not for long-term instiutional care noted above); and children's health insurance programs

• It is safe to access housing programs (such as public housing and section 8); child care services; energy assistance (such as LIHEAP); emergency disaster relief; pandemic relief payments (stimulus checks); testing, treatment and vaccines for COVID-19; educational assistance; job training programs; community programs (such as meal sites, counseling, and short-term shelter)

Not all cash assistance is provided for the purposes of income maintenance, and thus not all cash assistance is relevant for public charge purposes.

On Tuesday, March 9, 2021, the Supreme Court and the Seventh Circuit rejected pending Public Charge cases, ending Public Charge rules changed during President Trump's administration. The decision is final. The long-established 1999 guidance will go into effect again immediately, offering certainty to eligible immigrants and their family members to safely access health, nutrition, and housing benefits.

Health care programs, including Medicaid (MediCal in California) and COVID care, housing, food programs, and many other vital services are again safe to apply for.

Additionally, many eligible immigrants will be able to apply for legal status without fear of harmful Public Charge rules. The State Department has been blocked from enforcing Public Charge rules established by President Trump's administration at all US consulates and embassies since July 29, 2020.

Remember! The Public Charge test only applies to some programs and some immigrants:

It never applies to US citizens, including children of immigrants. It is safe to apply on behalf of U.S. citizen children

It also does not apply to MOST legal permanent residents, asylees, refugees, U-Visa, T-Visa, VAWA, and many others.

The fact that a family member is using benefit programs cannot affect the future of your immigration applications.

The use of benefits from health, nutrition and housing programs cannot be considered a Public Charge.

If you or someone you know has questions about Public Charge or applying for CalFresh as a non-citizen, please call our CalFresh Outreach team:

CalFresh Outreach (707) 445-3166 extension 318

Spanish speaker on CalFresh Outreach team: (707) 445-3166 extension 318

Or email CalFresh@foodforpeople.org

Online resources:

CA Dept of Social Services info on public charge

CA Health & Human Services public charge guide

Medi-Cal coverage for all