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 August 12, the Second Circuit Court of Appeals partially stayed the nationwide temporary injunction issued by a district court in New York on July 29 against the DHS’s public charge rule. This new decision means the rule is now back in effect nationwide, except in the states of New York, Connecticut, and Vermont.

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