The Department of Homeland Security is proposing a Fair and Humane Public Charge Rule which would likely regulate how the department applies the public charge ground of inadmissibility in cases, a Feb. 17 news release said.
According to the news release, the proposal would result in the humane and fair treatment of individuals seeking admission into the country or asking for lawful permanent residence in the country.
“The 2019 public charge rule was not consistent with our nation’s values,” DHS Secretary Alejandro N. Mayorkas said in the release. “Under this proposed rule, we will return to the historical understanding of the term ‘public charge’ and individuals will not be penalized for choosing to access the health benefits and other supplemental government services available to them.”
According to the release, in 2019, the Trump administration created an expansion of the definition of “public charge” and the kinds of public benefits to be considered. As a result, noncitizens were reportedly fearful of seeking any benefits. The DHS noted the proposal would change “likely at any time to become a public charge” to “likely to become primarily dependent on the government for subsistence.”
The benefits the DHS would like to consider when making a public charge inadmissibility ruling would include Supplemental Security Income; cash aid for income maintenance under Temporary Assistance for Needy Families programs; state, tribal, territorial and local cash aid; and long-term institutionalization, with the government picking up the expense.
The release also noted the proposed rule will undergo a 60-day public comment period that will begin with a date outlined in a Federal Register publication.
