What we need to know about the

Proposed Changes to the "Public Charge" Definition

Dear Community Partner and Advocate,

October 10, 2018 the Department of Homeland Security (DHS) officially published the proposed Public Charge rule that could have a significant negative impact on the immigrant community we all serve. The proposed rule would affect the following groups, which has not changed:

Deny entry to legal permanent residents who have been out of the county for more than 180 days and are seeking re-entry into the U.S
Deny a green card (lawful permanent resident status) to immigrants looking to change their status

These two groups would be subject to the public charge rule if they have used or are using benefits such as; some affordable housing programs, Medi-Cal and CalFresh (formerly food stamps). The groups of people subject to public charge would not change, but rather the types of programs subject to the rule would be expanded.

Should the proposed rule be approved, it would discriminate against immigrants, families, and members of our community by keeping them from using or applying for benefits they so desperately need. While there is fear and a lot of missed information out in the community and the news regarding Public Charge, the rule has not yet changed

Beginning October 10 - December 10, 2018 community members can submit public comment about the rule and let the federal government know that this rule does not align with what it means to serve our community or our values. Under federal law, the government is required to read and respond to every comment before issuing a final rule. That’s why we ask you to submit yours now and share how this rule would affect your community and those you serve. The higher the number of comments submitted, the longer it would take DHS to review and respond to all. We have less than 60 days.

You may review the rule directly from DHS, or you may read a summary of the proposed rule from the Immigrant Legal Resource Center (ILRC) website. You may also view a short informational video on public charge published by the Children’s Partnership

To submit comments you may visit:

Protecting Immigrant Families, Advancing Our Future or Federal Registry National Archives

For additional resources or information on the proposed rule or the effects of the proposed rule, visit the following sources:
Santa Clara County Counsel Public Charge
Office of Immigrant Relations

"Public Charge" Facts and FAQ

Click the button above to receive facts and FAQ sheets containing more information on the rule. These can be shared with members of the community, your organization’s staff, and anyone who can benefit from the information (we hope to share the translated versions as soon as possible).

Thank you for your continued fight in ensuring the rights of immigrants are not compromised.

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The Office of Immigrant Relations strives to improve the lives of Santa Clara County residents through the provision of services that help to successfully integrate local immigrants into community life. We achieve this through research, policy development, promoting awareness and education about various issues including resources that help immigrants achieve full civic engagement.

immigrant.relations@ceo.sccgov.org | (408) 299-6414 |
70 W. Hedding St. East Wing 11th Floor, San Jose, CA 95110
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Office of Immigrant Relations · 2460 N 1st St. Suite 220 · San Jose, CA 95131 · USA