Immigrant families in California fear losing benefits amid public charge confusion

Growing fears about aggressive immigration enforcement tactics — and confusion over federal “public charge” rules that can affect green card and visa applications — are prompting some California families to retreat from child care and early education programs, even when their children qualify.

Under federal immigration law, officials can deny green card and visa applications if they determine the applicant is likely to rely heavily on government assistance. Although many benefits cannot be considered for purposes of the “public charge” rule, advocates say many families avoid social service programs altogether out of an abundance of caution.

Changes proposed in November by the current administration would repeal a 2022 rule that advocates say provided significant clarity on when the rule applies. During the previous Trump administration, the government made changes that widened what could be considered “public charge.” Even after those changes were rescinded, fears persist.

Advocates say the fear and confusion that are already impacting families could be far-reaching for a state like California, where it is estimated that nearly 1.1 million children have at least one parent who is undocumented, according to the National Center for Children in Poverty. More than half of those children are U.S. citizens and over 250,000 under the age of 5.

“With public charge there’s a level of anxiety around signing up for public benefit programs, submitting information, and/or scrutiny that may be increased and make people uncomfortable because of whatever the public rhetoric may be or the perception that it creates risk,” said Stacy Lee, chief learning officer and senior managing director of early childhood at the nonprofit Children Now.

She noted that many child care providers are uniquely positioned to support families because they are not only aware of the impact of immigration raids, but many have also developed trust with immigrant families who might be confused about proposed policy changes.

While public charge does not apply to U.S. citizen children and affects only specific types of immigration cases, many families, including those with mixed citizenship status, still withdraw from public benefits programs out of fear that participation would jeopardize their residency or protection from deportation, advocates say.

“Even when I was representing clients as an immigration attorney and I would tell them 100% that I was sure they were not going to be affected, that their case was exempt from public charge, sometimes they just still wouldn’t [enroll in public programs] because the fear is so severe,” said Liza Davis, advocacy director at The Children’s Partnership.

What is the current policy on ‘public charge’?

The current policy affirms that the public charge test is used only in specific immigration cases and does not apply to a wide range of people, including asylum seekers, U.S. citizen children of undocumented immigrants and lawful permanent residents applying for citizenship.

“A public charge only shows up when you are an individual that is submitting an application for a very specific form of relief, which a lot of people don’t qualify for,” Davis confirmed.

Additionally, only specific uses of certain benefit programs are considered.

Depending on a person’s specific immigration situation, cash assistance programs like CalWORKS could be considered for public charge tests. CalWORKs is California’s version of the federal Temporary Assistance for Needy Families (TANF), which many families rely on for benefits such as child care, stable access to food and other basic necessities, like diapers.

Davis encourages families to seek accurate information and assistance. She says concerns about public charge often spread by word-of-mouth among applicants who may be comparing cases without properly accounting for the complexity of the immigration system, which includes many different types of applications with varying rules.

“We’re not able to anticipate what will happen in a different administration, but if this need is absolutely essential for you and you qualify for it right now, then you should really consider taking the help because it’s so important to the well-being of the children in your household,” Davis said she advises families.

Further exacerbating the issue is the lack of definitive certainty on whether and when rules related to public charge may change.

“Public charge has just been historically weaponized,” and different federal administrations have either made or proposed changes, leaving a sense of instability,” said Davis. “The ebb and flow, the unknown of it, and the fact that we can’t say ‘this is not going to change’ — there is no guarantee.”

How child care providers can support immigrant families with young children

Lee from Children Now says that home-visiting programs, which provide parenting support in a young child’s home, are one way to keep families accurately informed about anticipated changes to their benefits and how they can remain connected to social services.

“The standout has been families who have access to home visiting have someone they can trust, that they can ask questions to,” Lee said. “They can talk to their home visitor, who can explain to them what’s going on, what’s real, what’s not real. It’s hard to navigate what’s actually happening versus what’s just a lot of aggressive words or what’s being held up in courts.”

In 2025, about 18,200 children from over 17,000 families in California received home visiting services, according to the National Home Visiting Resource Center. It is estimated that nearly 2.6 million children from nearly 2 million families in the state would benefit from home visiting services.

What is the latest proposed change?

The latest proposed change would mostly repeal the 2022 rule clarifying when public charge applies, but does not offer regulations to replace existing rules. Advocates argue that the lack of clarity can lead families to disenroll or avoid eligible public benefits.

The administration acknowledges that changes to public charge rules between 2019 and 2022, “heightened fears among immigrant families about participating in programs and seeking services, such as health coverage and care.”

The current proposal, filed by former Department of Homeland Security secretary Kristi Noem, also recognizes the far-reaching impact of families withdrawing from public services out of fear. “DHS has determined that the rule may decrease disposable income and increase the poverty of certain families and children, including U.S. citizen children. DHS continues to believe that the benefits of the action justify the financial impact on the family.”