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DHS Publishes Fair and Humane Public Charge Rule:

The U.S Department of Homeland Security (DHS) has issued a new policy on how noncitizens could be inadmissible to the United States on the ground of public charge policy. “This action ensures fair and humane treatment of legal immigrants and their U.S Citizen family member,” said secretary of Homeland Security Alejandro N. Mayorkas.

Previous administration considered use of certain programs like non-emergency Medicaid for non-pregnant adults, the Supplemental Nutrition Assistance Program (SNAP) and several housing programs in public charge determinations. This rule created obstacle to getting a green card and lead to decrease in participation in Medicaid and other programs among immigrant families and their primarily U.S born children.

The new rule says DHS will not consider in public charge determinations benefits received by family members other than the applicant. It will also not consider receipt of certain non-cash benefits for which noncitizens may be eligible such as 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. Also, Noncitizens must prove that they are not likely to become a public charge at any time. Under this rule, DHS can deny the admission or lawful permanent residence if they are deemed to become a public charge meaning that they are likely to become primarily dependent on the government for subsistence.

The final rule will be effective on December 23, 2022, and is published in the Federal Register on September 9, 2022.


This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).

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