Recently, the U.S. Department of Homeland Security DHS issued the final regulations on public charge, which clearly stated that DHS will not include applicants' use of medical insurance, nutritional allowances or housing allowances in consideration when making immigration status decisions.
This new rule mainly cancels the policies formulated during the Trump administration, basically restores the United States' decades of understanding of public burdens, and further clarifies the rules and regulations that immigration applicants should comply during this administration.
new regulations are now publicized online by the federal announcement, and will come into effect on December 23, 2022.
#What is a public burden?
"Public burden" is a long-standing concept in immigration law. Under Section 212(a)(4) of the Immigration and Nationality Act (INA), non-citizens will be prohibited from entering if they “can be a public burden at any time”. But no law has formally defined “public burden”.
In 2019, during the administration of Trump , the Ministry of Homeland Security expanded the definition of "public burden" to include immigrants who enjoy one or more designated public benefits for more than 12 months within 36 months.
According to Trump-era rules, immigrants may be deprived of permanent resident status if they have or are expected to receive food aid, Medicaid , housing aid or other public benefits.
The Trump administration said the rule promotes self-sufficiency of immigrants. Rules during the Trump era also created a new standard that considers applicants’ income, age, medical status, skills and family size to determine whether they may rely on these benefits in the future.
DHS After the policy announced this time officially takes effect, the decisions of the immigration review department will be based on the following considerations:
1, the age, health, family status, assets, financial status, and education and skills of non-citizens
2, the submitted I-864 economic guarantee letter;
3, and whether the following benefits have been used or are now using:
SSI Living Security Grant;
Temporary Assistance for Poverty Families (TANF) plan;
Cash assistance for maintaining income provided by state governments, local governments, tribes and other administrative regions;
Long-term hospitalization and treatment projects funded by the government.
In addition, the immigration review agency will not consider whether other family members other than the immigration applicant have used government benefits. immigration applicants will not be identified as public burdens :
Supplementary Nutrition Assistance Program SNAP or other nutritional plans;
Children's Health Insurance Program CHIP;
Medicaid, except for long-term hospitalization;
Housing Benefits;
Any benefits related to immunization or infectious disease testing ;
or other supplementary or special purpose benefits.
Homeland Security Secretary Mayo Cas issued a statement saying that the action ensures that legal immigrants and their families or members of the United States receive fair and humane treatment. "This new regulation is consistent with the basic values of the United States, and we will not punish individuals who choose to use medical benefits and other government services."
