The New Public Charge Regulation: What It Means for Providers and Clients
The U.S. Department of Homeland Security (DHS) and U.S. Department of State’s (DOS) new rules on public charge became effective on February 24, 2020, after the U.S. Supreme Court granted the government’s request to undo the District Court’s injunction in the MRNY v. Cuccinelli case on Monday, January 27, 2020 (on which The Legal Aid Society is counsel). On Friday, February 21, the Supreme Court also granted a stay of an injunction applying only in the state of Illinois. This means that the injunctions obtained to block the DHS public charge rule in New York and elsewhere are lifted pending further litigation. Rest assured we will continue to fight the DHS Rule, and that the fight is not yet over. In the meantime, the DHS Rule will remain in effect. We are also fighting the DOS Rule in a case called MRNY v. Pompeo. Return to this page updates on that case.
Exactly when do the Rules go into effect?
February 24, 2020. Both DHS and DOS announced that their public charge rules take effect on February 24, 2020.
DHS Rule: The announcement makes clear that any application for adjustment of status (green card) postmarked on or after February 24, 2020 will be subject to the new DHS Rule. Applicants to extend or change their nonimmigrant visa status will also have to answer questions about certain public benefits use starting February 24, 2020. Applications postmarked BEFORE February 24, 2020 are subject to the old rules.
DOS Rule: The DOS public charge rule will apply to consular interviews scheduled after February 24, 2020.
Benefits Use Under Both Rules: Under both of the new public charge rules, the use of non-cash benefits, specifically SNAP, federal Medicaid, and federal housing assistance BEFORE February 24, 2020, is not considered negatively.
So what does this mean for low-income immigrants?
For those clients who have yet to file an application for a green card, the Rules mean that it will be much harder to get over the public charge hurdle. This is true even if the client has never used government benefits, because the Rules penalize low-income people (especially anyone who makes less than 125 percent of the federal poverty level), lacks English proficiency, lacks education, has a disability, is under 18 or over 61 years of age, or runs afoul of any of several other discriminatory factors.
Please return to this page for updates.
On August 27, 2019, The Legal Aid Society, the Center for Constitutional Rights, and our pro bono counsel Paul, Weiss, Rifkind, Wharton & Garrison LLP filed a complaint in federal district court in Manhattan on behalf of Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and the Catholic Legal Immigration Network, Inc. (CLINIC), challenging the new regulation.
On October, 11, 2019 the federal court for the Southern District of New York blocked the Trump Administration’s new “public charge” rule, issuing a nationwide injunction.
On January 8, 2020, the federal Court of Appeals for the Second Circuit rejected the Trump Administration’s request for a stay to block the nationwide injunction.
On January 27, 2020, the Supreme Court granted the Trump Administration’s request for a stay to block the nationwide injunction. We are waiting to see when the government will choose to make the new rule effective.
Screening Tool and Attorney Referral Information
The Legal Aid Society, in partnership with the Empire Justice Center and Make The Road New York, has created a screening tool to assist attorneys, advocates, and other community-based providers with answering client questions about the new public charge regulation, as well as to provide referral information for additional assistance. Click the link below to download the tool.
On December 10, 2018, The Legal Aid Society shared public comments on the proposed rule changes governing public charge with the Department of Homeland Security, available here. As we stated in the comments:
“The Proposed Rule already has and will continue to make immigrant families even more fearful of accessing the critical government benefits for which Congress made them eligible, and thereby devastate the health and economic security of individuals and families and the communities we all share. . . . The Legal Aid Society’s Comments focus on the community we have served for over 140 years – New York City.”
How to Get Help
Clients who need more information on public charge and how it applies to them can call our Immigration Helpline at 844-955-3425, Monday-Friday from 9:00 am to 5:00 pm.
“The rule represents a brazen attempt to lay down the welcome mat for only the rich, while slamming the door on other immigrants. If adopted, the rule would dissuade immigrants who are here lawfully from accessing essential medical care and basic food assistance for their families. Simply put: the rule amounts to another attempt by the Trump Administration to tear families apart. As we have with other Trump Administration attacks on immigrants – from the Muslim ban to its cruel child separation policy — we will continue to push back on these xenophobic policies that marginalize our clients and other New Yorkers.”