WASHINGTON – Today, the Department of Homeland Security (DHS) announced a proposed rule that will clearly define long-standing law to ensure that those seeking to enter and remain in the United States either temporarily or permanently can support themselves financially and will not be reliant on public benefits.

The proposed rule is available here.

The term “public charge” as applied to admission of aliens to the United States has a long history in U.S. immigration law, appearing at least as far back as the Immigration Act of 1882. In the late 19th and early 20th centuries public charge was the most common ground for refusing admission at U.S. ports of entry. 

“Under long-standing federal law, those seeking to immigrate to the United States must show they can support themselves financially,” said Secretary Nielsen. “The Department takes seriously its responsibility to be transparent in its rulemaking and is welcoming public comment on the proposed rule. This proposed rule will implement a law passed by Congress intended to promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers.”

Inadmissibility based on the public charge ground is determined by looking at the mandatory factors set forth in section 212(a)(4) of the  Immigration and Nationality Act and making a determination of the applicant’s likelihood of becoming a public charge at any time in the future. The proposed regulation defines a public charge to be a person who receives certain public benefits above certain defined threshold amounts or for longer than certain periods of time.  Importantly, by law, the public charge inadmissibility determination is a prospective determination based on the totality of the circumstances, which includes statutorily required factors such as age, health, family status, assets, resources, financial status, education and skills. 

In making this determination, DHS is proposing to consider current and past receipt of designated public benefits above certain thresholds as a heavily weighed negative factor.  The rule would also make nonimmigrants who receive or are likely to receive designated public benefits above the designated threshold generally ineligible for change of status and extension of stay.

The public benefits proposed to be designated in this rule are federal, state, local, or tribal cash assistance for income maintenance, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), Medicaid (with limited exceptions for Medicaid benefits paid for an "emergency medical condition," and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing. The first three benefits listed above are cash benefits that are covered under current policy. 

The United States continues to be a global leader in humanitarian protection.  In calendar year 2017, the United States granted asylum and refugee status to more individuals than Canada, Australia, and the United Kingdom combined.  By statute, asylees, refugees, and other categories of vulnerable individuals are not subject to the public charge ground of inadmissibility and as such are not impacted by this rule. When considering receipt of public benefits in the public charge inadmissibility determination, DHS would also not consider any public benefits received by aliens serving in active duty or in the Ready Reserve component of the U.S. Armed Forces, or the spouse or child of the service member. Additionally, DHS would not consider disaster relief, emergency medical assistance, benefits received by an alien’s U.S. citizen children, and Medicaid benefits received by children of U.S. citizens and potential adoptive children of U.S. citizens.

The proposed rule will be officially published in the Federal Register in the coming weeks. Once the proposed rule is officially published, the public will be able to comment on the proposed rule. The comment period will last 60 days, starting on the day the proposed rule is published in the Federal Register.  The official version in the Federal Register will contain information about how to submit comments.

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Office of Los Angeles Mayor Eric Garcetti
FOR IMMEDIATE RELEASE
September 22, 2018

CONTACT: Communications Office
“Another day has brought another Trump Administration assault on working families. The proposed ‘public charge’ rule is nothing less than a public disgrace – and a direct attack on the health, housing, and economic security of American children. Our federal government should not be in the business of penalizing low-income parents, punishing kids, or targeting immigrants who work hard, strengthen our economy, pay taxes, and play by the rules.

“Los Angeles communities stand to be hit the hardest by this change. Hundreds of thousands of our neighbors may be unable to see their doctors, keep a roof over their heads, or afford a trip to the grocery store, if they wish to remain in the United States. That is simply wrong and un-American, and leaders in this City and across our country will fight tooth and nail to keep this anti-family policy off the books.” — Mayor Eric Garcetti

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American Immigration Council

American Immigration Council Condemns Trump Administration’s Proposed “Public Charge” Regulations

WASHINGTON, Sept. 23, 2018— The Trump administration is proposing sweeping new regulations that could lead to the largest decline in legal immigration in generations. The new regulations propose to redefine the meaning of the legal term “public charge” to penalize any immigrant applying for a green card or an immigrantvisa from abroad if they have previously accessed or are deemed likely to rely on certain forms of public assistance in the future.  

The new regulations could have a chilling effect on our family-based immigration system and prevent many hard-working immigrantsfrom coming to or permanently residing in the United States with their families.  

The following statement is from Beth Werlin, executive director of the American Immigration Council:

“The Trump administration’s proposed changes to the public charge regulations are an unprecedented attack on legal immigration. They signal an intent to abandon the basic principle that America is a land of opportunity for people, rich and poor. These proposals would break that fundamental promise. 

“These lengthy and technical changes to longstanding regulations would obstruct those whose only desire is to work hard and be with their family. Many people now would be forced to choose between accessing the assistance they and their children need now or securing permanent legal immigration status to be with their families in the future.

“The immigrant story has long been one of men, women and children arriving in America with little more than the drive to succeed and the desire to be reunited with family. We believe in an America that sees the potential in all people. This proposed regulation declares null and void that premise. Instead, they would pre-judge and penalize hard-working families based on the size of their bank account. The U.S. immigration system needs many upgrades, but mean-spirited attacks on immigrant families are not among them.”

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For more information, contact:
Maria Frausto at the American Immigration Council

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CASA
FOR IMMEDIATE RELEASE: SUNDAY, SEPTEMBER 23, 2018
FOR MORE INFORMATION, 
CONTACT INGRID ZELAYA-ASCENCIO

CASA Members Vow to Fight Latest Trump Attack that Intends to Make Immigrant Families Choose Between Survival or Remaining in the Country Through New "Public Charge" Rule Changes

WASHINGTON, DC (SUNDAY, SEPTEMBER 23, 2018) - Last night in a transparent attempt to rally the anti-immigrant voting base ahead of the mid-term elections, the Trump administration announced its latest attack against immigrant families. Through a proposed rule change, Trump has announced his intention to punish immigrant families that legally qualify for and receive certain public benefits such as SNAP (food stamps), Medicaid, and Section 8 Housing subsidies by limiting their eligibility to remain in the country and qualify for certain visas. In effect, the administration wants low-income immigrant families to make a choice between seeking life-saving assistance when in need or staying in the country. These attacks have already had a chilling effect on affected communities according to healthcare providers across Maryland, Virginia and Pennsylvania who have already reported significant decreases in enrollments among immigrant communities of the Mid-Atlantic Area.

“The changes intend to destabilize our working-class community, putting at risk the well-being and health of children and workers,” said Lee Hopkins, CASA Senior Manager Health and Social Services. “The White House’s proposal is rooted in racism and a disregard of the reality of hard-working families across this country.”


CASA and its members are committed to fight this latest attack. Before this rule is finalized and implemented, it must be filed on the public register at which time it will be subject to a 60 day public comment period and re-evaluated based on those comments. CASA has already collected over 200 comments from impacted members and will continue to collect hundreds more from those who wish to voice their opposition officially on the record. And consistent with its efforts demanding justice through the courts, CASA and its members will explore litigation options working in conjunction with its national partners to protect our families. In the coming days and weeks, CASA will convene its membership to discuss the next steps in this fight.