Get Ready to Take Charge Against Public Charge

The Department of Homeland Security is getting ready to release the public charge rule. If finalized, this rule would have a detrimental effect on the health and safety of our communities: immigrant families and their US-born children will be forced to choose between using the basic needs assistance for which they are lawfully eligible or else risk being separated from one another.

When an immigrant applies for a visa to enter the United States or applies to become a lawful permanent resident (“green card”), immigration officials will assess a variety of factors including the applicant’s health, employment status, language proficiency, age, and the ability to obtain support from family, to determine if the applicant may end up being dependent on the government for their economic survival. This is called a public charge determination. It has been the long-standing practice of our government to limit their review of the applicant’s use of public benefits programs to just those that provide cash assistance, but a proposed rule can change all of that dramatically. If the rule were to be finalized, immigration officials could look at the applicant’s use of a broader scope of programs such as SNAP, WIC, housing assistance, CHIP, and even the Earned Income Tax Credit. These are all programs intended to help promote access to nutritious food, health care, and to promote economic stability.

It is important to remember that immigrant access to these programs is limited-enrollment in these programs is lawful in order to support their US-born children. Yet families, facing a very real fear of being separated from one another, may feel they have no choice but to forgo assistance, putting their households at risk of hunger, homelessness, and illness. The ramifications would be felt throughout our communities.

Our national partners are reporting that even though the timeline for the publication of the public charge rule is uncertain, their sources say that publication could be as soon as this week or next. Publication of the rule would trigger a public comment phase. Public comment phases usually last 60 days, and during this time, we will need to flood the Department of Homeland Security with as many comments as possible, condemning the rule for the risk it poses to our nation’s health and well-being. Take action today so you can be ready to respond as soon as the rule drops.

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