On September 8, 2022, the U.S. Department of Homeland Security (DHS) issued a long-awaited final rule, published in the Federal Register, that provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. If the government deems a foreign national likely to become a “public charge” (i.e., primarily reliant on the government for subsistence), he or she may be denied admission to the U.S. or lawful permanent residence. The new rule seeks to roll back a policy instituted under former President Donald Trump that sought to limit immigration benefits for those likely to rely on government aid.
According to the announcement, DHS will not consider benefits received by family members other than the applicant in making public charge determinations. Moreover, DHS also will not consider receipt of certain non-cash benefits for which noncitizens may be eligible, including Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits. DHS further announced it will “develop a Policy Manual update to help USCIS officers apply this regulation fairly and consistently and to better inform the public about how the rule will be implemented.”