Public Charge

“Public charge” is a term used in immigration law to describe a person using government assistance programs for income, housing, health care, and food over extended periods of time. If someone applying for a green card or to enter the US on a visa is deemed likely to become a “public charge,” their application may be denied. Immigration officials consider a person’s health, age, income, and skills when deciding if someone should pass the public charge test. This rule has been in existence for a long time, but was updated to be more stringent on February 24, 2020.

In October 2018, the Department of Homeland Security proposed a change to the public charge rule and invited public comments. In August 2019, the final rule was published, and was expected to take effect in October 2019. However, multiple lawsuits were filed, and several federal courts issued injunctions, temporarily stopping the rule from being implemented while the cases made their way through the courts. In January 2020, the Supreme Court lifted the remaining nationwide injunction, allowing the rule change to be implemented.

**On July 29, 2020, the US District Court for the Southern District of New York issued a nationwide injunction against the DHS Public Charge rule for the duration of the COVID-19 pandemic emergency. The injunction will allow immigrant communities to safely access critical health care and public assistance during the pandemic.

While the temporary halt to public charge was a win for immigrants and communities, organizers and advocates are still working hard to eliminate these changes to the rule. Legal challenges to both the DHS and State Department regulations are ongoing and could result in the regulations being implemented once again.

To request a public charge training for your group, fill out the training request form.