Trump’s Public Charge rule is no longer in effect and applicants will no longer need to submit Form I-944 Declaration of Self-Sufficiency or any other evidence in support of Form I-944. Furthermore, extensions of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
On August 14, 2019, the U.S. Department of Homeland Security (DHS) published the Inadmissibility on Public Charge Grounds final rule. This rule expanded the type of public benefits the U.S. Citizenship and Immigration Services (USCIS) would consider in making a determination of who would be considered a “public charge” for purposes of granting immigration status. Anyone who is considered a public charge would be (1) ineligible for a visa, (2) ineligible for admission and (3) ineligible for adjustment of status.
The expanded types of benefits used to determine eligibility under the public charge rule included: cash benefits for income maintenance (Temporary Assistance to Needy Families – TANF), Supplemental Nutrition Assistance Program (SNAP – food stamps), most forms of Medicaid, Section 8 Housing Assistance under the Housing Choice Voucher (HCV) Program, Section 8 Project-Based Rental Assistance, and certain other forms of subsidized housing. This rule also established that to be a public charge, a noncitizen must receive benefits for more than 12 months in the last 36 months.
However, on March 9, 2021, Secretary of Homeland Security Alejandro N. Mayorkas stated that the DHS will no longer enforce the 2019 Public Charge Rule. As a result, USCIS will now once again limit the number of types of public benefits they will consider in making a determination on who is a public charge.
Now the only public benefits USCIS can include in making a public charge determination is government cash assistance for income maintenance and institutionalization for long-term care at government expense. This includes programs like SSI, TANF, state and local government cash assistance, and programs paying for long term institutionalization (nursing homes, mental health institutions, etc.). While the following programs cannot be used in the determination: Medicaid (including treatment and vaccines for Coronavirus), Medi-Cal, Children’s Health Insurance Program (CHIP), Women, Infants and Children (WIC), Food Stamps (SNAP), Housing benefits (Section 8), child care, energy assistance (Low
Income Home Energy Assistance Program – LIHEAP), educational assistance, among others.
In making his announcement, Secretary Mayorkas stated, “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”
This decision on the Public Charge Rule is also in accordance with President Biden’s Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. This order called for an immediate review of agency actions on public charge inadmissibility and deportability.
If you would like to speak with our Sacramento immigration attorney about the public charge rule or any other immigration-related matter, please do not hesitate to contact us.