DHS Issues Final Rule On Public Charge Ground Of Inadmissibility – General Immigration

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The Department of Homeland Security (DHS) is amending its
regulations, effective December 23, 2022, regarding determinations
of whether noncitizens are inadmissible to the United States
because they are likely at any time to become a public charge.

Secretary of Homeland Security Alejandro Mayorkas said DHS
“will not penalize individuals for choosing to access the
health benefits and other supplemental government services
available to them.” These benefits include Supplemental
Nutrition Assistance Program (SNAP) or other nutrition programs,
Children’s Health Insurance Program (CHIP), Medicaid (other
than for long-term institutionalization), housing benefits, any
benefits related to immunizations or testing for communicable
diseases, or other supplemental or special-purpose benefits.

Under the final rule, DHS will determine that a noncitizen is
likely to become a public charge if the noncitizen is likely to
become primarily dependent on the government for subsistence, as
demonstrated by either the receipt of public cash assistance for
income maintenance or long-term institutionalization at government

On August 14, 2019, DHS issued a different rule on this topic,
which is no longer in effect.


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