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The Trump administration has finalized a new policy to change what is considered a “public charge”. Agencies considering applications for certain immigration benefits, including whether someone should receive a green card, extension, or a change in immigration status, will now consider whether an individual participates in or might participate in the Supplemental Nutrition Assistance Program (SNAP), Medicaid (with certain exceptions), the Temporary Assistance to Needy Families (TANF), SSI, and Section 8 Housing benefits. Additionally, the policy will use different factors to determine public charges such as health, age, skills, and education level.
It will be a sweeping change to U.S. immigration policy and our safety net programs and I want to ensure that every Wisconsinite has the information they need about this change.
What is a public charge?
Federal immigration law requires immigration officials to make assessments about the likelihood that a non-U.S. national applying for an immigration benefit (green card/change in status) will become dependent on the government in the future, a so-called “public charge.” Anyone deemed likely to become a “public charge” can be denied admission to the U.S. or if already in the U.S., further immigration benefits such as a green card or change in status, or a visa, if an individual is located outside of the U.S.
Under previous guidance, such determinations only considered if an individual was “primarily dependent" on public cash assistance for income maintenance (i.e., TANF or SSI) or government-funded institutionalization for long-term care.
The new rule, which takes effect October 15, 2019, will lower the threshold for considering someone a public charge while expanding the list of programs (as noted above) to be considered when making this determination as well as expanding the criteria used.
Things to know:
- This rule will take effect on October 15th .
- The policy change will only apply to green card applications that are post postmarked on or after October 15th.
What factors will be included or excluded in the new definition of “public charge”?
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Excluded
- This rule does not include the following benefits: Women’s Infants and Children (WIC), Children’s Health Insurance Program (CHIP), school lunch and breakfast, disaster relief, and Medicare Part D or Social Security retirement or disability benefits.
- This rule does not apply to U.S. citizens, green card holders, DACA renewals or those with Temporary Protected Status (TPS), U or T Visas, Asylum or Refugee status, or Special Immigrant Juvenile Status
- The public charge change will not impact asylees or refugees.
- If you already have a green card, this legislation will not impact you.
- The Public charge criteria will only consider benefits used by the individuals applying for an immigration benefit, not family members like U.S. citizen children.
- This rule does not affect anyone who utilized these programs in the past.
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Included
- Individuals applying for permanent resident status (green card) on or after October 15th.
- It will consider those who are applying and/or currently receiving benefits or who might use such benefits.
- The agencies will also consider an applicants’ income, education and health status in determining who is a “public charge.”
- Health: If you are uninsured and have a medical condition that requires extensive care, this will be a negative factor.
- Income: If your income is 250% above the federal poverty level, this will be a positive factor.
- Employment: If you are unable to find work and are not a student, this will be a negative factor.
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This rule is controversial and may face legal challenges in court, which could delay or change how the rule is implemented. If you have questions about your eligibility or if this will impact your status, I encourage you to seek legal help.
I along with my staff are always here to help. If you have any questions about your benefits or status, please don’t hesitate to call my district office at (414) 297-1140.
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