This week the Department of Homeland Security (DHS) posted an advance copy of a new proposed rule that will be published in the Federal Register in the coming days. The proposed rule is being described as a “Fair and Humane” Public Charge Rule in contrast to the 2019 Rule proposed by the Trump Administration which greatly expanded the types of public benefits that could render someone likely to become a public charge and, thus, inadmissible to the United States.
Secretary of Homeland Security Alejandro N. Mayorkas described the Trump era public charge rule as “not consistent with our nation’s values” and stated that the new proposed rule would “return to the historical understanding of the term ‘public charge’ and individuals will not be penalized for choosing to access the health benefits and other supplemental government services available to them.”
Under the proposed rule, DHS would define a public charge as someone who is “likely to become primarily dependent on the government for subsistence” and would consider the use of the following public benefits when making a public charge admissibility determination:
Supplemental Security Income (SSI);
Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program;
State, Tribal, territorial, and local cash assistance for income maintenance; and
Long-term institutionalization at government expense.
This is a drastic departure from the 2019 Trump Era rule which included use numerous additional public benefits such as Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program, most Medicaid benefits (except for long-term institutionalization at government expense), housing benefits, and transportation vouchers in the public charge admissibility determination.
The proposed rule will have a 60-day public comment period that begins on the date specified in the forthcoming Federal Register publication.
D&S will continue to provide updates on the new public charge rule as the situation develops.