Public Charge – News, Resources, and Action Guides

Public Charge

UPDATE:

The Trump “public charge” regulation is blocked nation-wide, permanently. The Biden Administration has ended the Trump-era public charge policy.

“Public charge” is part of a screening process used by U.S. immigration officials for:

Non-citizens applying for lawful permanent residence (LPR, or green card). Officials will look at multiple, statutory factors to see if someone is likely to become a “public charge” – if so, they will not be denied a green card.
Those seeking a visa to enter the U.S. from the U.S. Consulate in their home country. The rules affecting public charge have already changed at the U.S. consulates in other countries. If a sponsored family member is expected to be scheduled for a consular interview in the next few months, the person being screened should consult an immigration lawyer.

For those seeking to become LPRs:

A person can be denied on public charge grounds only if they were reliant on or likely to become reliant on the government for cash assistance (Supplemental Social Security or TANF, for example) or for long-term care, such as a nursing home, at government expense. Currently, only about 3% of non-citizens use cash benefits.
The rule does not apply to certain humanitarian immigrants, including refugees, asylees, VAWA self-petitioners, those with U- or T- visas, SIJ status.
Currently, nothing has changed for non-citizens seeking to apply for a green card in the U.S.

Nothing has changed for those seeking to become LPRs in the US!

The final rule was enjoined by a federal court and it did not go into effect as originally scheduled on October 15, 2019. The injunction is nation-wide. It is expected that the court case could take years to reach a conclusion. In the meantime, the current rule still governs.

The Protecting Immigrant Families Campaign has resources that you can share with your clients and communities:

Public Charge: Does this apply to me? Updated October 24, 2019* (See how ‘public charge’ will impact you based on your immigration status, and what you should do)
You Have Rights – Protect Your Health Updated October 24, 2019* (An overview for mixed-status families when it come to going to the doctor or enrolling in health insurance)
Should I Keep My Kids Enrolled in Health & Nutrition Programs? Updated October 24, 2019* (Use this guide to help answer commonly asked questions about how to make good decisions for your family and their health)

Dept. of Homeland Security final rule: A federal court enjoined the final rule from taking effect (it was scheduled to go into effect on 10/15/19). The injunction will remain in place until the entire case is heard, unless the government appeals the injunction and it is overturned.

Dept of State interim final rule: DOS published an interim final rule in October 2019 to mirror the enjoined DHS regulation. The regulation was scheduled to go into effect on October 15, 2019, but implementation has been partially delayed. DOS is accepting public comments until November 12, 2019. DOS plan to issue a new form (Public Charge Questionnaire), but it is not anticipated it will go into effect until 2020.
Presidential Proclamation on Health Insurance: The October 4, 2019 proclamation states that immigrant visa applicants will be denied entry to the US unless they can show that they either have or can get approved health insurance within 30 days of admission or they have enough resources to pay for reasonably foreseeable medical costs. The date of implementation of this proclamation is November 3, 2019, although there will likely be litigation.

Families most likely to drop out of benefits programs are those from mixed-status households.