Public Charge Restrictions For Immigrants And Their Families: No Rules, No Accountability
Public charge new regulations for immigrants applying for a change
in status including a green card are far more restrictive than previous
versions of public charge regulations.
1. The new rule significantly broadens the benefits used in a public
charge determination for immigrants applying for green cards, etc.
Earlier public charge rules were based solely on cash benefits like
TANF or SSI. Now any means tested benefit can be considered:
Medicaid, SNAP, rental assistance, WIC, free or reduced price school
meals, HeadStart, childcare subsidies, free or subsidized care at
health clinics.
2. Now officials can consider not only benefits used by the immigrant
applying but by their family members including US born children.
3. The new rule eliminates guardrails including appeal rights.
The new rules will have a “chill” effect not only depriving immigrants
of public benefits but also a downstream effect on services for
everyone.