Immigrants, Refugees & Safe Food Assistance

PARA VER ESTA PÁGINA EN ESPAÑOL, HAGA CLIC AQUÍ

2026 Update:
At San Diego Hunger Coalition, we are committed to helping every eligible resident in San Diego County access the food assistance they need. We understand the concerns around applying for CalFresh (SNAP/EBT) and its impact on immigration status.

We want to reassure our community that applying for CalFresh will not affect immigration status. Undocumented household members can safely opt out of the application process and apply for other eligible household members without disclosing their status.

However, in full transparency, the current administration is currently trying to change this so that food benefits become a public charge in the future. This would mean that food benefits such as CalFresh would impact someone’s immigration status. Again, nothing has changed yet and these food benefits are still safe to use without any impact to immigration status.

The San Diego Hunger Coalition is committed to providing information regarding any updates to this policy.
We encourage anyone with questions to reach out to us for support. Call 619.501.7917 or email info@sdhunger.org for assistance.

In December of 2022, the Biden Administration finalized a new public charge regulation that increases protections for immigrant families. It reiterates that public benefit programs such as CalFresh/SNAP, Medi-Cal, and Section 8 are not counted in a public charge test. For more information about the 2022 Final Rule, please visit the USCIS website here: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources

Eligible immigrant families can use these programs without public charge concerns.

The 2019 Public Charge Rule changes have been repealed, and as of 2025, the 2022 Final Public Charge Rule remains in effect. This means it is safe to access all types of food assistance, including CalFresh/SNAP. Immigration officials do not consider food benefits, health care, or housing programs in a public charge determination.

What is Public Charge?

Immigration officials assess whether a person is likely to become primarily dependent on the government for subsistence when applying for a visa, a green card, or certain immigration benefits. However, under the current rule, only cash assistance for income maintenance and long-term institutional care at government expense are considered.

  • Food benefits, such as CalFresh, are safe to use and will not impact immigration status.

  • A child’s or family member’s use of benefits does not affect an individual’s immigration case.

  • Programs like SNAP, WIC, and P-EBT are not counted in a public charge test.

  • Immigrant families can safely access health care, nutrition, and housing programs without public charge concerns.

The 2022 Final Public Charge rule is still in place. Food benefits, such as CalFresh, are safe for families to access.

Please see below for additional information. We encourage individuals and families to contact a qualified immigration attorney if they have questions about their immigration case.

California Health and Human Services Agency’s New Public Charge Guide

CalHHS has released an updated public charge guide to serve as a resource for individuals and families with questions about the current federal public charge policy.

To learn more about the facts of CalFresh, please access our CalFresh Myths and Facts Sheet.

Accessing Food Assistance Programs Will Not Affect Your Immigration Status

These food assistance programs are not used to determine public charge. Please continue to access them as needed:

  • CalFresh (SNAP)

  • School Meals - Free and reduced-price school, afterschool, and summer meals

  • SUN Bucks (Summer-EBT)

  • California Food Assistance Program (CFAP)

Myths and Facts about CalFresh

Click here for flyer

  • Read U.S. Citizenship and Immigration Services (USCIS) letter here.

  • View USCIS Public Charge page here.

  • WIC (Women, Infants, and Children)

  • Food pantries and distributions

    • San Diego Food Bank

    • Feeding San Diego

  • Senior Congregate and Home Delivered Meals

To learn more about these resources, visit: sdhunger.org/get-food

CalFresh for Immigrants

Your status cannot be affected by a family member’s activity, and your receipt of benefits cannot impact a family member’s immigration status.

Important messages on CalFresh and public charge:

  • You will not become a public charge because you are getting CalFresh.

  • You will not be denied U.S. citizenship because you get CalFresh benefits.

  • If you get CalFresh, it will not hurt your chances of getting a green card.

  • Applying for CalFresh will not affect your (or your family’s) immigration status.

  • CalFresh does not share information with immigration enforcement officials.

  • All children born in the U.S. can get CalFresh benefits if they qualify. It does not matter where their parents were born.

  • We hosted a joint webinar with Community Relations Officers from USCIS and Immigration Attorneys from the Legal Aid Society of San Diego in April 2023 to discuss the final public charge ruling. If you’d like to learn more about public charge and CalFresh for Immigrant Families, please visit our YouTube page:

  • Public Charge Test Guide

    • Use this guide to better understand if public benefits affect immigration options.

CalFresh for Mixed-Status Families

Undocumented household members can safely opt out of the application process and apply for other eligible household members without disclosing their status.  

Resources

  • Protecting Immigrant Families: https://pifcoalition.org/

    • PIF has released updated materials and is available in 9 languages:

      • The 1, 2, 3s of Public Charge

      • Public Charge: 3 Things You Need to Know 

      • Does Public Charge Apply to Me?

Frequently Asked Questions:

According to page 22 of the FNS Non-Citizen SNAP Guidance, the county cannot require anyone who opted out to provide information about their immigration status. ​

  • This will not affect the immigration status of the undocumented individual or their family members.

  • If you or someone you know has any questions regarding applying for CalFresh, please reach out to our team at calfresh@sdhunger.org.​

Mitos y Realidades sobre la Inmigración y CalFresh

Seleccione aquí para ver el folleto

  • Keep Your Benefits: Online Public Charge Screening Tool  https://keepyourbenefits.org/en/ca/
    This screening tool helps immigrant families and providers get the basic information they need about the public charge rule. It asks a series of questions that help immigrants understand how using public benefits may affect their immigration status, which benefits are safe to use, and when to seek legal advice.  CA-specific information available in English, Spanish, and Chinese.

Read California Health and Human Services Agency Public Charge Guide in:

Get Your Know Your Rights Card

Everyone living in the U.S. has certain basic rights under the U.S. Constitution. Undocumented immigrants have these rights, too. It is important that we all assert and protect our basic rights. 

The National Immigration Law Center provides its Know Your Rights card in English, Spanish, Chinese, Arabic, Farsi, and Somali.

The Immigrant Legal Resource Center also has Know Your Rights "red cards" available on their website. 

Trusted Legal Assistance - Who to Call

Public charge does not apply to any food assistance resources; however, we recognize that some families still may have questions about Public Charge and using other program benefits. If you have questions about how public assistance may impact your immigration status, there are community agencies and resources that can provide information and advice specific to you and your family situation.

Additional trusted immigration legal resources available at: alliancesd.org/immigration-lawyer-legal-assistance-san-diego

Who to contact if you or a loved one are arrested or detained: 

  • If detained -San Diego County Immigrant Legal Defense Program: 619-446-2883 

  • Immigration court case status and hearings: 800-898-7180 | acis.eoir.justice.gov. 


  • You may be eligible for CalFresh if you have been granted:

    • U.S. citizenship
    • A green card
    • VAWA (Violence Against Women Act) relief
    • Cuban or Haitian entrant
    • Citizens from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau

    An individual does not qualify for CalFresh if they are:

    • An undocumented person
    • Deferred Action for Childhood Arrivals (DACA) recipients
    • Asylee or Refugee status
    • On a student, work, or tourist visa.
    • Here under Temporary Protected Status

  • It’s possible that not all individuals in the household will be eligible for CalFresh, and that’s okay. If someone in the family is undocumented, eligible household members can still apply and receive benefits.

    For example, if a father is undocumented and has 2 children with U.S. citizenship, the father can opt-out and apply on behalf of his children. He will never need to disclose his legal status at any point in time.

    Some helpful reminders:

    • Benefits used by children or other household members do not negatively impact undocumented family members.
    • Children who have citizenship or eligible immigrant status can receive benefits even if their parents are undocumented.
    • If you tell your caseworker that a non-citizen in your family does not want to be considered for benefits, they are not allowed to ask for proof of their immigration status.
    • It's important to be honest about your situation when applying for CalFresh. But remember, you do not have to provide proof of immigration status for anyone who is not applying for benefits for themselves.

    Important: If you are applying only for other people in your household, you don’t have to provide proof of your immigration status.

  • No. The United States Citizen and Immigration Service does not consider people using CalFresh to be public charges. Using food programs like CalFresh, WIC, and school meals will not affect your immigration status.

  • Getting CalFresh does NOT affect your ability to get citizenship. This is because the public charge test is not a part of the citizenship application process. Additionally, the public charge rule does not apply to anyone who already has a green card, unless they leave the U.S. for more than six months. .

    The public charge rule does not apply to anyone who has, or is applying for, one of the following

    • U.S. citizenship
    • Green card holder applying for a renewal
    • Refugee status
    • Asylum
    • U or T Vista
    • Immigration relief through VAWA (Violence Against Women Act)
    • Temporary Protected Status (TPS)
    • Special Immigrant Juvenile (SIJ) status

  • Federal and state laws protect the privacy of people who apply for and receive CalFresh. The County of San Diego and California Department of Social Services will check to make sure you are eligible for the program, but they do not share information with ICE or immigration officials.

    Your personal information is protected and only used to determine your eligibility for benefits. If you are applying for benefits only for another person in your family or household, you do not have to share your immigration status with CalFresh.

  • Documents that are usually required for CalFresh include:

    • A copy of your ID
    • Proof of any income from the last 30 days
    • Proof of financial aid (for college students)

    Immigrants may also be asked to provide:

    • A copy of your green card
    • A copy of your most recent paperwork for a U Visa, T Visa, asylum, refugee, or parole status, or a VAWA (Violence Against Women Act) petition
    • Naturalized U.S. citizens may be asked to provide a copy of their U.S. passport or naturalization papers
    • Sponsor financial information IF family members apply for CalFresh have had a green card (LPR status) for five or more years.

    Additional documents that may be requested in order to receive a higher amount of benefits:

    • Housing expenses
    • Child support paid
    • Child/dependent care paid
    • Medical expenses if you are 60+ or disabled

    If you don’t have the required documents: Your caseworker can help you obtain the necessary paperwork. If you are stuck or are not receiving the support you need, please contact calfresh@sdhunger.org.

  • A sponsor’s income and resources may need to be counted when you apply for CalFresh, but it depends on each household. Sometimes you will only be asked for a sponsor’s name, but no financial information.

    • Depending on your legal status, you may need to provide your sponsor’s financial information. This will not affect your income or eligbility for CalFresh benefits.
    • Sponsors may provide their financial information using the SAR 22 Form     here
    • If you cannot provide your sponsor’s information and you make at or below 130% Federal Poverty Level, you may fill out the USCIS 09-99 Indigency Form     here .

    • The 09-99 form is sent to USCIS; however, there have been no effects seen so far in the state of California.

    The best way to determine if you need to include this information is by working with a trained CalFresh Application Assistor here who can help answer your questions.

  • In San Diego County there are more than 20 community-based organizations that have CalFresh Application Assistors who are trained to successfully complete the CalFresh application process, and many of them offer services in multiple languages. You can find a CalFresh Application Assistor that is closest to you at sdhunger.org/applying-for-calfresh .

    The San Diego Hunger Coalition works closely with the County of San Diego to help make sure that anyone who is eligible for CalFresh gets it. If anyone has issues relating to CalFresh and have not connected with a CalFresh Application Assistor, they can connect with our CalFresh Team at calfresh@sdhunger.org

  • Food distribution sites can be found throughout San Diego County. To find a distribution site near you, you can contact San Diego Food Bank and/or Feeding San Diego

Please contact an immigration attorney if you have questions about how the new Public Charge rule affects you or someone you know.

Living in an Immigrant Family in America: How Fear and Toxic Stress are Affecting Daily Life, Well-Being, & Health - Click here to read the issue brief from The Henry J. Kaiser Family Foundation. 

If your organization has any questions about the information provided on this page, please contact the CalFresh team at calfresh@sdhunger.org.

The information and resources contained on this page are meant only as a guide and is not legal counsel. If you have questions about how public assistance may impact your immigration status, please contact a trusted immigration legal service provider.