DHS publishes fair public charge rule in U.S.

Highlights of fair public charge rule in USA

• DHS issued a final rule regarding inadmissibility of noncitizens
• The rule will restore the previous understanding of the public charge which was being followed for decades.
• Biden stated that, fair public charge will be applied for noncitizens in USA

DHS issued the final rule for inadmissibility

A final rule has been issued by DHS which has been published in the Federal Register on September 9, 2022. This rule will make it clear for the noncitizens regarding the ways in which DHS will check the public charge for their inadmissibility.

The rule has been made to bring back the previous understanding of the public charge which was being followed for decades. This rule was removed by the previous administration and a new rule was issued in which inadmissibility of the noncitizens was based on supplemental health benefits.

Biden Administration restored the previous rule to bring back the faith in the legal immigration system.

How a noncitizen will become inadmissible?

According to the Immigration and Nationality Act, in Section 212(a), it is mentioned that noncitizens will become inadmissible if they become a public charge.

What is a public charge?

Public charge means that the noncitizens that become dependent fully on the government for their survival may not get the permanent residence in US and they may also become inadmissible. Before 2019, some of the benefits that were not considered include Medicaid or nutrition assistance.

Due to the rule made in 2019, enrolments in many immigration programs have been dropped for the individuals who were not eligible for public charge on the ground of inadmissibility. This rule has been canceled in the federal register.

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Inadmissibility according to the new rule

According to the new rule which was also followed before the Trump administration, noncitizens will become a public charge if they become fully dependent on the government for their sustenance. DHS will check the conditions below whether a noncitizen has become a public charge on not:

• INA will require age, family status, resources, assets and financial status of noncitizens
• Filling out of Form I-864 when it is required by INA
• Noncitizens get government benefits like the following:
  • Prior or current receipt of Supplemental Security Income (SSI)
  • Cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF)
  • State, Tribal, territorial, or local cash benefit programs for income maintenance

Which public charge determinations will not be considered?

DHS will not take into account about public charge determination benefits that have been received by the family member of the applicants but not the applicants themselves. DHS will also not consider the noncash benefits if the applicants are eligible for them. These benefits include:

• Supplemental Nutrition Assistance Program
• Children’s Health Insurance Program
• Medicaid
• House benefits
• Benefits related to immunization or tests for infectious diseases

The final rule will come into effect on December 23, 2022 and has been included Federal Register on September 9, 2022.

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