Proposed New Fair and Humane Public Charge Rule | What It Means

The Department of Homeland Security has proposed new changes to the Fair and Humane Public Charge Rule. As with anything the United States releases, the language can be opaque and difficult to make sense of. If you need help parsing its latest proposal, please read on, then contact an experienced family immigration lawyer in Milwaukee, WI to learn what the proposed new Fair and Humane Public Charge rule means for you.

What is the proposed new rule for Fair and Humane Public Charge?

Under the proposed new rule, the Department of Homeland Security proposes to redefine “likely at any time to become a public charge” to “likely to become primarily dependent on the government for subsistence.” Consistent with long-standing DHS policy, the agency proposes to consider the following benefits when making a determination of public charge inadmissibility:

  • Supplemental Security Income
  • Cash assistance for income maintenance under the Temporary Assistance for Needy Families program
  • State, Tribal, territorial and local cash assistance for income maintenance
  • Long-term institutionalization at government expense

Conversely, DHS proposes that it not consider benefits from the following:

  • Supplemental Nutrition Assistance Program (SNAP)
  • The Children’s Health Insurance Program (CHIP)
  • Most Medicaid benefits, except for long-term institutionalization
  • Housing benefits
  • Transportation vouchers
  • Disaster relief received under the Stafford Act
  • Pandemic relief
  • Tax credits or deductions
  • Social Security, government pensions or other earned benefits

Why are new rules being proposed for Fair and Humane Public Charge?

DHS Secretary Alejandro N. Mayorkas has said that the 2019 public charge rule “was not consistent with our nation’s values.” That rule caused many noncitizens unnecessary fear and anxiety about accessing benefits that Congress intended them to have. Secretary Mayorkas has stated that the Department of Homeland Security will return to the historical understanding of the term “public charge” and individuals will no longer be penalized for choosing to access the health benefits and other supplemental government services they are entitled to.

How can a Milwaukee, WI family immigration attorney help you?

In spite of this more liberal interpretation of the law, you would be wise to reach out to one of our skilled Wisconsin immigration attorneys to discuss your next steps. Our firm may represent you, our client, in administrative court as well as deal with government officials on your behalf. We may also counsel you about your legal rights and obligations related to immigration. United States immigration law is complex and time-consuming. Let us handle it for you.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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