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.”
Read MoreFinal Rescission of Trump Administration Public Charge Rule
On March 9th, 2021, the Department of Homeland Security (DHS) announced that the government would no longer defend pending Federal and Supreme court challenges to the Trump Administration’s Public Charge Rule, which has been heavily litigated, with on-again, off-again injunctions impacting its enforcement, since its introduction in August of 2019.
Read MoreD&S Immigration Update: New Public Charge Inadmissibility Rule
WHAT IS HAPPENING
Under a newly-published regulation that is expected to take effect on October 15, 2019, foreign nationals who have received certain federal public benefits or who are deemed likely to become dependent on the government will face additional scrutiny when applying for certain immigration benefits and may be found inadmissible to the United States as a result.
The new rule changes the standards used to determine whether an applicant for admission to the U.S. or for adjustment of status is “likely at any time to become a public charge” at any time in the future. To make this determination, USCIS adjudicators will consider factors including the individual's age, health, education and skills, in addition to their current assets, resources, and financial status and whether they have used any covered public benefits in the past. The new rule also changes the definition of “public charge” from a noncitizen who primarily relies on public benefits to a noncitizen who receives a specified public benefit for more than 12 months in the aggregate within any 36-month period.
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