The U.S. Department of State (DOS) published on September 5 a final “public charge” rule, confirming that the agency will not finalize the Trump administration’s harmful 2019 interim final rule. The DOS rule, effective as of October 5, 2023, aligns with the U.S. Department of Homeland Security’s final public charge rule, which clarified that several health and social services are not to be considered in a public charge determination, a decades-old test used to deny temporary admission into the U.S. or deny requests to change a person’s status to lawful permanent resident (see Memo 9/12/2022). Meanwhile, the Los Angeles Times released a helpful explainer focused on the public charge rule that includes contributions from Protecting Immigrant Families Coalition (PIF), a member organization of NLIHC’s Opportunity Starts at Home Roundtable.
Prior to 2019, almost all non-cash government benefits, such as Medicaid and housing benefits, were excluded from the public charge consideration. But under the Trump administration, the long-standing guidance for “public charge” was changed dramatically, resulting in an interim final rule that would have created a confusing and complex test for those seeking a visa or green card based on income, education, and other factors. The newly published DOS “public charge” rule makes clear that the agency will not finalize the Trump administration’s 2019 interim final rule and that DOS will revert to the regulatory text that was in place prior to the publication of the 2019 rule.
Relatedly, the Los Angeles Times published “Receiving Food Stamps Won’t Kill Your Green Card Chances. How ‘Public Charge’ Works.” The article will likely prove useful to housing and social service providers that help immigrant communities understand their access to benefits and how the “public charge” rules have been reformed under the Biden administration. Part of the “Immigrant Dreams” survey and article series, the piece offers an easy-to-understand summary of the public charge issue and quotes Adriana Cadena, campaign director of PIF. While focused on resources available to California residents, the article provides a summary of public charge impacts nationwide and dispels myths related to the rule.
Read the DOS rule at: https://tinyurl.com/5d8x335n
Read a background and timeline of “public charge” published by PIF at: https://pifcoalition.org/our-work/public-charge
Read the Los Angeles Times piece at: https://tinyurl.com/4v7d5nmx