Public Charge: Core Messages to Share with Community Members
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On August 14, 2019, the Department of Homeland Security (DHS)
published a final rule related to public charge in the Federal
Register. The rule will not take effect until October 15, 2019. Some
counties immediately filed a lawsuit to block the new rule, and
additional litigation is expected. Thus, legal challenges could delay
implementation.
A summary of the main provisions can be found on our public charge
page -
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Many immigrant families will remain eligible for needed services and
will not be legally impacted by changes to the public charge rule.
Below are core messages you can share with community members -
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to help combat the chilling effect this rule may have.
The new public charge rule was published on August 14, 2019, but
will not go into effect until October 15, 2019. The rule might
be stopped or delayed beyond that date by courts. The new public
charge rule does not apply to any immigration applications filed
before October 15, 2019. The new public charge rule does
not apply to pending adjustment of status applications and any new
applications postmarked before October 15, 2019. Many immigrants
remain eligible for public benefits programs and should be
unaffected by this rule. Asylees, refugees, U visa holders,
Special Immigrant Juveniles, T visa holders, VAWA applicants,
and most permanent residents are not subject to public charge.
The new public charge rule does not change who is eligible for
health and benefit programs. Immigrants who are currently
eligible for public benefits will remain eligible. Children under
21 and pregnant women will not be penalized under the new public
charge rule for using Medicaid/Medi-Cal. (SB 75 Medi-Cal for
children in California is unaffected). Under the new public
charge rule, many government-funded services are still safe to
use and do not cause any immigration harm. School-funded
programs like free and reduced lunch, emergency Medi-Cal
(Medicaid), disaster relief, Head Start and more all remain safe
to use. The use of benefits by family members, such as
children, are not counted against the applicant for immigration
status. Immigrant families should consult with an immigration
law expert about the possibility that there are no immigration
consequences of their accessing health and benefits programs
before making important decisions about the health and well-being
of their families.The new public charge rule will not take effect
until October 15, 2019. Some counties immediately filed a lawsuit to
block the new rule, and additional litigation is expected. Thus,
legal challenges could delay implementation. If, after consulting
with an immigration expert, you believe the new public charge rule
will affect you, you have until October 14, 2019 to file an
immigration application without the new rule affecting you.
Continue to check our public charge page -
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for new resources as we analyze and follow developments related to
this new rule.
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Immigrant Legal Resource Center
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www.ilrc.org
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