New Definition of Public Charge Proposed

[Sm1smom]

The government is looking into expanding the current definition of what constitutes a public charge. Things such as enrolling a child in government pre-school programs or receiving subsidies for utility bills or health insurance premiums will constitute being a public charge under this new definition.

Some of the benefits being targeted (not limited to these):

• some “educational benefits,” including use of Head Start for children
• Children’s Health Insurance Program (CHIP)
• use of any subsidies, or purchase of subsidized insurance, under the Affordable Care Act
• food stamps
• Women, Infants, and Children (WIC) assistance
• Housing benefits, like Section 8
• Low-Income Home Energy Assistance Program (LIHEAP)

If this goes into effect, it will become a lot harder for so many people currently living in (or previously stayed) in the US on a NIV to successfully obtain a GC.

Link to the draft Memo below:

https://cdn.vox-cdn.com/uploads/chorus_asset/file/10188201/DRAFT_NPRM_public_charge.0.pdf

 

[mira88]

Thanks for posting this. I read some articles that said this might affect green card holders too. I have insurance through ACA marketplace plans and I qualified for premium tax credit. I am currently looking for jobs so hopefully I will get insurance through my work but do you think this might have an effect on permanent residents too?

 

[Sihem]

I read some articles that said this might affect green card holders too. I have insurance through ACA marketplace plans and I qualified for premium tax credit. I am currently looking for jobs so hopefully I will get insurance through my work but do you think this might have an effect on permanent residents too?

It shouldn't according to Reuters : "The rules would not apply to permanent residents applying for citizenship, but would apply to a wide range of people living or working in the United States, including close family members of U.S. citizens and workers employed by U.S. companies."

https://www.reuters.com/article/us-...who-use-food-aid-other-benefits-idUSKBN1FS2ZK

 

[Sm1smom]

Thanks for posting this. I read some articles that said this might affect green card holders too. I have insurance through ACA marketplace plans and I qualified for premium tax credit. I am currently looking for jobs so hopefully I will get insurance through my work but do you think this might have an effect on permanent residents too?

It shouldn’t based on the current wording, but I anything is possible with this administration.

 

[Sm1smom]

Thanks for posting this. I read some articles that said this might affect green card holders too. I have insurance through ACA marketplace plans and I qualified for premium tax credit. I am currently looking for jobs so hopefully I will get insurance through my work but do you think this might have an effect on permanent residents too?

It shouldn’t based on the current wording, but I anything is possible with this administration.

Like I said before, anything is possible with this current administration. Planning to apply the new public charge definition to current LPRs applying for naturalization:
https://www.google.com/amp/s/www.nbcnews.com/news/amp/ncna897931

All LPRs should be wary of applying for or using the specific benefits being targeted after (or from the date) the new ruling goes into effect.

 

[John5000]

I just arrived in the US 3 weeks ago on my green card and was going to apply for an ACA plan. Should I not apply for this type of plan anymore? How can I get health insurance while I'm still looking for a job?

 

[newacct]

I just arrived in the US 3 weeks ago on my green card and was going to apply for an ACA plan. Should I not apply for this type of plan anymore? How can I get health insurance while I'm still looking for a job?

1. You don't need to worry about the rule until it happens, because it doesn't apply to benefits obtained before the rule takes effect
2. You can still buy plans from the ACA marketplace, but shouldn't get the subsidy (premium tax credit) after the rule takes effect (unless the reason why you are low income is due to something that happened after you got your green card -- the deportability for becoming a public charge within 5 years of entry doesn't apply if you can show it's due to causes that arose after you entered)

 

[John5000]

1. You don't need to worry about the rule until it happens, because it doesn't apply to benefits obtained before the rule takes effect
2. You can still buy plans from the ACA marketplace, but shouldn't get the subsidy (premium tax credit) after the rule takes effect (unless the reason why you are low income is due to something that happened after you got your green card -- the deportability for becoming a public charge within 5 years of entry doesn't apply if you can show it's due to causes that arose after you entered)

Thanks for your input newacct. Do you have a source so that I can read about it in more detail? So basically its fine to enroll/be enrolled in an ACA marketplace plan both before and after these laws take effect, but one shouldn't apply for and receive the subsidy after these new laws take effect?

 

[newacct]

Thanks for your input newacct. Do you have a source so that I can read about it in more detail? So basically its fine to enroll/be enrolled in an ACA marketplace plan both before and after these laws take effect, but one shouldn't apply for and receive the subsidy after these new laws take effect?

I am basing it off of this draft text of the proposal from March. In page 209-210 it excludes consideration of benefits that were not considered under the previous guidance, if you didn't use or receive them after 60 days after the final rule is published.

However, that draft mainly has just stuff about the ground of inadmissibility for public charge, and since you already have a green card, you are not worried about inadmissibility, but rather about deportability (INA 237(a)(5) has a ground of deportability for becoming a public charge within 5 years of entry unless you can show that it is due to causes that arose after entry). The draft text hadn't finished the part about the ground of deportability yet (see page 220; it says "TO BE INSERTED"), so maybe we should wait to see what the finished text says about it.

 

[guitarek]

The government is looking into expanding the current definition of what constitutes a public charge. Things such as enrolling a child in government pre-school programs or receiving subsidies for utility bills or health insurance premiums will constitute being a public charge under this new definition.

Some of the benefits being targeted (not limited to these):

• some “educational benefits,” including use of Head Start for children
• Children’s Health Insurance Program (CHIP)
• use of any subsidies, or purchase of subsidized insurance, under the Affordable Care Act
• food stamps
• Women, Infants, and Children (WIC) assistance
• Housing benefits, like Section 8
• Low-Income Home Energy Assistance Program (LIHEAP)

If this goes into effect, it will become a lot harder for so many people currently living in (or previously stayed) in the US on a NIV to successfully obtain a GC.

Link to the draft Memo below:

https://cdn.vox-cdn.com/uploads/chorus_asset/file/10188201/DRAFT_NPRM_public_charge.0.pdf

I hope it won't get approved. This means I will be disqualified because i have used the pre-school program form my child and I have also applied to marketplace insurance for me and my family and they approved me for full Medicaid, although have not requested for it specifically, but i think they approved me based on my low income at that time.

Please keep us updated if there is any chance to this draft memo.
Thank you Mom.

 

[Jbuff]

I hope it won't get approved. This means I will be disqualified because i have used the pre-school program form my child and I have also applied to marketplace insurance for me and my family and they approved me for full Medicaid, although have not requested for it specifically, but i think they approved me based on my low income at that time.

Please keep us updated if there is any chance to this draft memo.
Thank you Mom.

Its a a policy. Not a law , congress doesnt have to approve it.
The President can sign an Executive order .

 

[SusieQQQ]

I hope it won't get approved. This means I will be disqualified because i have used the pre-school program form my child and I have also applied to marketplace insurance for me and my family and they approved me for full Medicaid, although have not requested for it specifically, but i think they approved me based on my low income at that time.

Please keep us updated if there is any chance to this draft memo.
Thank you Mom.

It’s not retroactive. If you’re worried about it then get yourself removed from these programs, or do so if/when the definition gets changed and the effective date is published.

 

[guitarek]

It’s not retroactive. If you’re worried about it then get yourself removed from these programs, or do so if/when the definition gets changed and the effective date is published.

Thank you for your valuable advice. I have already requested to remove all family members from the program

 

[Yosef]

Thank you for sharing this information mom.
Question please, if I have kids who born in the US and use some of the benefits, is this going to effects me even I didn’t use any?

 

[Sm1smom]

Thank you for sharing this information mom.
Question please, if I have kids who born in the US and use some of the benefits, is this going to effects me even I didn’t use any?

“(C) Minumum factors to consider ... At a minimum, the Secretary must consider ...

(3) Wether any dependent family members for whom the alien provides financial support, including a U.S. citizen child, in the alien’s household have received or are receiving any public benefits;”​

https://cdn.vox-cdn.com/uploads/chorus_asset/file/10188201/DRAFT_NPRM_public_charge.0.pdf (p.10 or 234)

“Receiving such benefits could weigh against an applicant, even if they were for an immigrant’s U.S. citizen children, according to the document.”​

https://www.reuters.com/article/us-...who-use-food-aid-other-benefits-idUSKBN1FS2ZK

It really helps if you guys take out the time to go over the links we provide - less stressful on every one.

 

[Reg1]

1. You don't need to worry about the rule until it happens, because it doesn't apply to benefits obtained before the rule takes effect
2. You can still buy plans from the ACA marketplace, but shouldn't get the subsidy (premium tax credit) after the rule takes effect (unless the reason why you are low income is due to something that happened after you got your green card -- the deportability for becoming a public charge within 5 years of entry doesn't apply if you can show it's due to causes that arose after you entered)

It sounds honest, that if you can show it's due to causes after you entered, that one is not deportable. However, it seems if there's a change in definitions, some people's sudden new (unfavorable) plight is likewise caused by things after entry, on which those folks had no control. It seems to me that people entering now, do so based on current prospects and opportunities, not on future redefinition of laws.

It's appalling that new arrivals (often without jobs) should be weighted down by having to fear arbitrary new rules, that could potentially dash their lifelong American plans, just as they seek to establish themselves. If it it can happen with this public charge definition, it opens the Pandora's box for any other definition also. I guess anything is really possible with this administration! I hope the vagueness/doubts are put to rest soon.

 

[Reg1]

Well today's news indicates there's been some fine tuning, and a rule proposed which will soon be published for public commentary in the federal registry. It was on NBCnews.com, the article titled "Trump admin rule would deny visas, green cards to immigrants who took public benefits"
Also on the washingtonpost.com "Trump administration seeks to limit access to U.S. for immigrants who use or are likely to use public assistance"
The good news is that it's been apparently made less draconian, but I have not yet found the proposal on the registry..maybe soon.

 

[newacct]

Here is the announcement, and here is the text of the proposed rule (it will be published in the federal register in a few days, at which point you will be able to comment on it).

Notably, it only changes the public charge ground of inadmissibility, not the public charge ground of deportability. See page 56:

Finally, this proposed rule interprets the public charge inadmissibility ground under section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4), not the public charge deportability ground under section 237(a)(5) of the Act, 8 U.S.C. 1227(a)(5). Department of Justice precedent decisions would continue to govern the standards regarding public charge deportability determinations.

So I think people who already have green cards generally don't need to worry about it.

 

[Yosef]

Here is the announcement, and here is the text of the proposed rule (it will be published in the federal register in a few days, at which point you will be able to comment on it).

Notably, it only changes the public charge ground of inadmissibility, not the public charge ground of deportability. See page 56:

So I think people who already have green cards generally don't need to worry about it.

@Sm1smom do you agree mom ?

 

[Sm1smom]

@Sm1smom do you agree mom ?

No, I don’t fully agree with that post. I think those who already have their GC should still be wary of this new rule - I expect adjudicators to take this into consideration when anyone in that category applies for naturalization.