Eliminate Public Charges - Immigrants Shouldn’t Have to Fear Gov’t Aid

By Prince Osemwengie

Introduction to a Public Charge

As an estimated 20.4 million recently unemployed workers experience economic hardships due to COVID-19 economic shutdown, the demand for government assistance has significantly grown and continues to increase. Since mid-March 2020 Congress has passed four COVID-19 emergency aid relief bills to ameliorate economic hardships. However, federal COVID-19 relief programs thus far have largely excluded the immigrant community and undocumented immigrants, who account for 13.7%, or 45 million people, of the US population. Prior to COVID-19, government assistance for non-citizens has been largely restricted and forces them to fend for themselves. Even more so, immigrants who receive government assistance run the risk of being penalized and obtaining a public charge on their record, which leads to denial of green card residency or visa renewal, and ultimately deportation. Public charge rules are crippling and create unnecessary obstacles for immigrants to sustain themselves. 

Since April 2020, LA County has lost over 650,000 jobs. Immigrant labor tends to dominate the hardest hit sectors at the highest risk of job loss - food services and accommodation, retail trade, construction, manufacturing, and warehouse - as of August 2020, in LA County unemployment hit 17.5%, 13% higher than August 2019, while national unemployment hit 10.2%. Millions across the nation are experiencing economic hardships and increasingly relying on government assistance to stay afloat as businesses remain closed due to COVID-19. Now more than ever, with COVID-19 wreaking havoc on the economy and death toll surpassing 198,000, the federal government must take action to remove restrictions on government assistance for non-citizens and eliminate public charges. Failure to remove public charges ultimately puts millions around the nation who lost their jobs in greater risk of further economic hardships and precarious situations such as eviction and ultimately homelessness. For LA County, where undocumented citizens account for 10% of the population, and cumulatively immigrants account for 35% of the 10 million residents, millions are at risk of joining LA County’s already increasingly growing homeless population.

The topic of public charges is generally not covered in mainstream politics or media. A public charge refers to a non-citizen individual who has been deemed a “burden” to the state and unable to care for themselves without depending on public benefit programs. The Department of Homeland Security conducts a public charge test by evaluating the public benefit programs an individual has received. According to the Immigration Nationality Act (INA), a public charge is applicable to non-citizens seeking admission to enter the US, and applicants for green cards and select visas types (employment, tourist, family-based). A few exemptions to public charges are granted to select groups of non-citizens such as DACA recipients, refugees and more. A public charge is a ground of inadmissibility, meaning an individual’s green card, visa, or admission in the United States can be denied. 

The Issues: Distributing Aid & Public Charge Challenges

Speculation around what does and doesn’t cause a public charge creates its own set of challenges for individuals and organizations. The lack of explicit language from the County and City of Los Angeles on what programs trigger a public charge can deter an already economically-distressed grantee-eligible applicant from applying to programs out of fear of the outcome obtaining a public charge. Similarly, equivocal language on programs from the County and City makes it difficult for public assistance organizations and financial institutions, including our team at Inclusive Action, to assist and properly inform individuals without potentially jeopardizing their immigrant status. 

Secondly, the frequently changing landscape and expansions of programs that may constitute a public charge makes it increasingly difficult for institutions to assist individuals. Since the conception of the public charge under the Immigration Act of 1882, the criterias surrounding a public charge has undergone 4 major shifts. On October 15, 2019, the Department of Homeland Security (DHS) expanded the public charge test to include non-cash public benefit programs such as CalFresh (food assistance), Medi-Cal (public health insurance), Section 8 (rental assistance for housing), and public housing. The DHS also expanded public charges to current visa holders seeking to extend their stay or change their visa status (i.e. student visa to employment visa). These expansions were included on top of the cash assistance programs that constitute a public charge, such as CalWorks, Supplemental Security Income (SSI), long term Medi-Cal, and General Relief (GR).

The issues and fear surrounding public charges has become even more troublesome amidst the COVID-19 global pandemic. In early March 2020, many individuals speculated and news outlets initially reported free COVID testing would constitute a public charge, which discouraged many individuals and families from getting tested, affecting the overall count of those who were positive with COVID. In response to the false reports, by Mid-March, the US Citizenship and Immigration Services explicitly stated free-COVID-19 testing doesn’t constitute a public charge. It is believed many individuals still fear free COVID-19 testing can result in a public charge, because other federal agencies such as the U.S Department of State have still yet to confirm whether treatment or care related to COVID-19 is considered a public charge or not. 

Although some COVID-19 relief programs developed have been targeted to immigrants, the lack of clarity dilutes their effectiveness. For instance, on April 15, 2020, Governor Newsom announced Disaster Relief Assistance For Immigrants (DRAI), a one-time disaster relief assistance of $500 for undocumented immigrants. Although DRAI stated the federal government does not list it as a public benefit for a public charge, LA County agencies noted the U.S. Citizenship and Immigration Services never issued specific guidance substantiating this. Lack of consistency amongst government agencies on public charges makes it increasingly difficult for individuals to determine what programs are safe to pursue, and also makes it difficult for organizations to responsibly administer programs.

Public charges are xenophobic and classist in nature, and are designed to disqualify individuals in need of aid from acquiring legal status in the United States. The rule shouldn’t exist. Immigrants are the backbone of our economy. At the very least government agencies need to be transparent and explicitly state in written language that is widely available to the public in multiple languages, including indigenous languages, what programs constitute a public charge. Additionally government agencies need to be consistent in their messaging and all be in alignment with one another on what programs constitute a public charge. 

We must work towards a future where public charges do not exist. COVID-19 has highlighted how public charges not only impact an individual's immigration status, but also public health at large. During a time where government assistance is needed now more than ever, we need to be breaking down barriers for a just recovery, and not complicating an already distressing situation.