On Monday, January 27, 2020, the U.S. Supreme Court granted the Trump Administration’s request for a stay of the nationwide injunction against the Department of Homeland Security’s public charge rule, clearing a path for the implementation of the public charge rule within the United States, except for Illinois, which has gained a statewide injunction of its own.
DHS announced the final rule for the public charge inadmissibility law in August of 2019. It revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received. According to DHS:
The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.
However, the definition of public benefits does not apply to the following:
- public benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children;
- public benefits received by certain international adoptees and children acquiring U.S. citizenship;
- Medicaid for aliens under 21 and pregnant women;
- Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and,
- Medicaid benefits for emergency medical services.
The revised public charge rule also applies to nonimmigrant visa applicants. They would be ineligible for change of status and extension of stay if they received public benefits beyond the designated threshold after obtaining the nonimmigrant status they wish to extend or from which they wish to change.
Now that DHS is permitted to implement the public charge regulation, we anticipate that DHS will issue a notice of when USCIS will begin implementing the public charge regulation and when it will require the use of the new forms required under the final rule, including the Form I-129, Form I-485, Form I-539, Form I-864, Form I-864 EZ, Form I-944, and Form I-945.
