The Biden administration finalized a new public charge rule last week which unravels the Trump-era policies that penalized low-income immigrants seeking health benefits & other services.
The new rule from the Department of Homeland Security rolls back the types of assistance immigration officers can consider when evaluating immigrants for a green card and deciding whether they’ll become a “public charge,” or dependent on government assistance.
The new updated regulations make it clear that Homeland Security can’t consider the use of health care, nutrition, or housing programs when making immigration decisions. The new rule clarifies that a child’s or other family member’s use of federal safety net programs won’t affect the applicant’s immigration application.
The now-repealed Trump administration rule said applicants could be deemed a public charge and denied residence or citizenship if they used noncash public benefits (housing vouchers, food assistance, or Medicaid).
Note: In 2021 President Biden issued an executive order directing the DHS to stop enforcing the 2019 “public charge” restrictions. Last week’s final rule makes that executive order moot.
Any future president that wants to change it back to the way it was during the Trump Administration would need to go through a lengthy rulemaking process (like the Biden administration just did).
See old blog post: Homeland Security Establishes Final “Public Charge” Rules – AZ Public Health Association August 19, 2019
