CHA Comments on Proposed Public Charge Policies

CHA submitted comments on a proposed rule issued by the Department of Homeland Security (DHS) that would exclude noncash benefits — including most Medicaid benefits — when making a public charge inadmissibility determination.  

CHA Submits Comments to Inform Future Public Charge Policies

CHA has submitted a comment letter to the Department of Homeland Security (DHS) on its advanced notice of proposed rulemaking to inform a future regulatory proposal on the public charge ground of inadmissibility.   In the letter, CHA urges DHS to ensure future policies are clear, consistent, and do not cause undue fear among immigrant families accessing the public services available to them. […]

Department of Homeland Security Rescinds Public Charge Rule

The Department of Homeland Security has formally rescinded the public charge rule issued by the Trump administration. The rule had allowed immigration officials to consider legal immigrants’ use of federal nutrition, housing, and health programs — including Medicaid — in their applications for residency.  

Biden Administration Orders Review of ‘Public Charge’ Rule

On Feb. 2, President Biden signed an executive order focused on immigration policy. Included in the order are instructions to relevant federal agencies to review actions implementing the previous administration’s “public charge” rule, which allows immigration officials to consider legal immigrants’ use of federal nutrition, housing, and health programs – including Medicaid – in their applications for residency. 

Appellate Court Reinstates ‘Public Charge’ Rule

As CHA reported last week, a U.S. district court on July 29 issued a nationwide injunction preventing the Department of Homeland Security from enforcing the “public charge” federal regulations that became effective last August. However, last week, the U.S. Court of Appeals for the Fourth Circuit reversed the district court’s order.

Court Suspends ‘Public Charge’ Rule

On July 29, a U.S. district court issued a nationwide injunction preventing the Department of Homeland Security from enforcing the “public charge” federal regulations that took effect last August. The court held that the COVID-19 pandemic has drastically increased the potential risk of harm of foregoing benefits to immigrants, justifying the injunction during the public health emergency. 

‘Public Charge’ Rule to Take Effect Feb. 24

Following a decision last week by the U.S. Supreme Court, U.S. Citizenship and Immigration Services has announced it will implement the “public charge” final rule beginning Feb. 24. The rule allows the federal government to exclude from entry any immigrant — after considering their age, health, family status, education and skills, and financial resources — who has used, or is likely to use, certain health care, nutrition, or housing programs for more than 12 months in a 36-month period.