Assembly Member Santiago Responds to the Elimination of Trump-era ‘Public Charge’ Rule

(Los Angeles, CA) – Following the federal Department of Homeland Security’s (DHS) issuance of a final rule that restores the historical understanding of a ‘public charge’ that had been in place for decades prior to Trump’s 2019 expansion, Assembly Member Miguel Santiago (D-Los Angeles), who represents various Latinx and Korean immigrant communities, released the following statement:

“I am over the moon to see Trump’s racist public charge expansion thrown out the window,” said Assembly Member Santiago. “This important action will eliminate the fear and confusion that has plagued our immigrant communities for three years and it will finally reestablish the fair and humane treatment of this population. Noncitizens will now officially be able accept government funded benefits such as CalFresh, Medi-Cal, rent relief, WIC, and Section 8 vouchers, to name a few, without fear of triggering a public charge, which could have hurt immigration status.”

Since 1999, ‘public charge’ was interpreted to apply to immigrants who were more likely to be primarily dependent on the federal government through cash assistance for income maintenance or long-term institutionalization at government expense such as Social Security Income, Temporary Assistance for Needy Families cash assistance, and state and locally funded cash assistance programs. In 2019, the Trump administration issued a new policy expanding that interpretation to include noncitizens who have received various local, state, and federal government assistance such as health, nutrition, and health assistance programs.

Although the Trump-era ‘public charge’ rule has not been enforced since March 2021, today’s new rule effectively withdraws it. Set to take effect on December 23, 2022, DHS will no longer consider in public charge determination benefits received by family members other than the applicant and will not consider receipt of certain non-cash benefits such as Supplemental Nutrition Assistance Program, Medicaid, housing benefits, or any benefits related to immunizations or testing for communicable diseases. DHS will still consider cash assistance for income maintenance (CalWORKs, SSI, and general relief assistance) or long-term institutionalization for long-term care at government expense.

Assembly Member Miguel Santiago is the Chair of the Assembly Committee on Governmental Organization and the Assembly Select Committee on Los Angeles County Homelessness. He also sits on the Assembly Committee on Health, Public Safety, Higher Education and Utilities and Energy. He represents the 53rd District composed of the cities of Los Angeles, Huntington Park, and Vernon.