People living in the U.S. on visas of all kinds may feel like the ground is constantly shifting under them. The federal government has issued numerous new rules that make it more challenging to obtain and keep the documentation they need to be here legally. Even legal permanent residents (green card holders) are finding that their residency is not as secure as it once seemed to be.
Yet another rule took effect this month that involves that age-old term “public charge.” Despite the words on the Statue of Liberty, “Give me your tired, your poor, your huddled masses yearning to breathe free,” the U.S. has reserved the right to deny entry to people likely to require public aid – in other words, to be public charges — since the Immigration Act of 1882.
The term “public charge” has been defined differently under various administrations. Some types of government benefits have been considered public aid while others have not. For example, the Biden administration considered only government aid that provided cash benefits, but not other federal benefits like Medicaid.
Broadening the meaning of “public benefits”
The latest rule allows immigration officers to consider potential use of more public assistance programs not just by the potential visa holders themselves but by anyone in their family, including U.S. citizen children, when determining whether someone can obtain a new visa or adjustment of status.
According to the Department of Homeland Security (DHS), it “will consider the receipt of any means tested public benefits.” This could include Head Start, school meal programs and even the child tax credit.
Not surprisingly, there has been considerable criticism of the new rule. Coalitions of cities and states have filed lawsuits to try to stop implementation of the rule, which could affect how much federal funding they receive for these programs. Court filings note that the new rule gives “unfettered discretion for immigration officials to determine who can be excluded on public charge grounds” and that their decisions could “fundamentally depart from the core meaning” of public charge.
Immigrant and children’s advocates fear that people will choose not to seek needed benefits for their family out of fear of losing their right to be in the country. However, immigration officials can make their decisions regarding those applying for a new visa or adjustment of status based on even the possibility that they may apply for public aid of any kind.
With so many changes – and typically not for the better for those seeking to live in the U.S. or bring family members here – it’s more important than ever to seek experienced legal guidance to understand the law and your rights.