DHS publishes final rule on Public Charge definition

-
BlogOn September 8, the U.S. Department of Homeland Security (DHS) published a final rule to provide clarity and consistency on how the federal government determines whether an individual applying for immigration status meets the definition of a “public charge.”DHS publishes final rule on Public Charge definition
-
Blog
DHS publishes final rule on Public Charge definition
On September 8, the U.S. Department of Homeland Security (DHS) published a final rule to provide clarity and consistency on how the federal government determines whether an individual applying for immigration status meets the definition of a “public charge.” Individuals who apply for temporary admission into the U.S. or for lawful residence can be denied through a public charge determination, meaning that they are believed to likely become primarily dependent on the federal government for subsistence. The new final rule clarifies that several federal health and social service programs cannot be considered in a public charge determination. This final rule is a deviation from the proposed rule that was announced under the Trump Administration.
For several decades prior to 2019, almost all non-cash government benefits, such as Medicaid and housing benefits, were excluded from the public charge consideration. In accordance with the final rule, DHS will not consider the receipt of the following benefits in a public charge test:
- Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs
- Children’s Health Insurance Program (CHIP)
- Child Tax Credit
- Medicaid (other than for long-term institutionalization)
- Assistance through public housing, Housing Choice Vouchers, and Project-Based Rental Assistance (PBRA)
- Any benefits related to immunizations or testing for communicable diseases
- Other supplemental or special-purpose benefits
Additionally, DHS will not consider public benefits that are received on behalf of another family member.
Under the final rule, residents will likely seek healthcare when needed, decreasing the risk of public health outbreaks that can be harmful to communities and costly for counties. Furthermore, by receiving federal funding through established housing assistance programs, counties will be relieved of the costs of assisting noncitizen families who require these services.
The final rule will take effect on December 23, 2022. DHS is also working to develop a policy manual to help United States Citizenship and Immigration Services (USCIS) officers apply this regulation fairly and keep the public informed.
NACo will keep members informed of any updates regarding the implementation of the final rule.
On September 8, the U.S. Department of Homeland Security (DHS) published a final rule to provide clarity and consistency on how the federal government determines whether an individual applying for immigration status meets the definition of a “public charge.”2022-09-20Blog2022-09-20
On September 8, the U.S. Department of Homeland Security (DHS) published a final rule to provide clarity and consistency on how the federal government determines whether an individual applying for immigration status meets the definition of a “public charge.” Individuals who apply for temporary admission into the U.S. or for lawful residence can be denied through a public charge determination, meaning that they are believed to likely become primarily dependent on the federal government for subsistence. The new final rule clarifies that several federal health and social service programs cannot be considered in a public charge determination. This final rule is a deviation from the proposed rule that was announced under the Trump Administration.
For several decades prior to 2019, almost all non-cash government benefits, such as Medicaid and housing benefits, were excluded from the public charge consideration. In accordance with the final rule, DHS will not consider the receipt of the following benefits in a public charge test:
- Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs
- Children’s Health Insurance Program (CHIP)
- Child Tax Credit
- Medicaid (other than for long-term institutionalization)
- Assistance through public housing, Housing Choice Vouchers, and Project-Based Rental Assistance (PBRA)
- Any benefits related to immunizations or testing for communicable diseases
- Other supplemental or special-purpose benefits
Additionally, DHS will not consider public benefits that are received on behalf of another family member.
Under the final rule, residents will likely seek healthcare when needed, decreasing the risk of public health outbreaks that can be harmful to communities and costly for counties. Furthermore, by receiving federal funding through established housing assistance programs, counties will be relieved of the costs of assisting noncitizen families who require these services.
The final rule will take effect on December 23, 2022. DHS is also working to develop a policy manual to help United States Citizenship and Immigration Services (USCIS) officers apply this regulation fairly and keep the public informed.
NACo will keep members informed of any updates regarding the implementation of the final rule.

About Julia Cortina (Full Bio)
Legislative Associate
Julia Cortina is responsible for administrative duties associated with managing the day-to-day activities of the Chief Government Affairs Officer, as well as preparing written material and analysis of relevant federal policy for NACo's JusticMore from Julia Cortina
-
Blog
USDA moves to expand flexibility for schools to offer free school meals
On March 23, the U.S. Department of Agriculture proposed an expansion of the Community Eligibility Provision, an option by which schools with a sufficiently low-income population can offer free school meals to all students. -
Webinar
County Strategies to Provide Supportive Housing for Familiar Faces
Mar. 29, 2023 , 2:00 pm – 3:00 pmUnable to attend? Watch the recording here. -
Reports & Toolkits
Mental Health Awareness Month: County Participation Toolkit
This May, we invite the nation’s 3,069 counties, parishes and boroughs to participate in Mental Health Awareness month. -
Blog
Addressing social determinants of health with GIS technology
Discover the transformative power of GIS technology in addressing social determinants of health and building healthier communities. -
Blog
HHS proposes new rule to improve availability of kinship foster care homes
On February 14, the U.S. Department of Health and Human Services Administration for Children and Families (ACF) announced a new proposed regulation that would allow child welfare agencies to adopt less burdensome licensing standards for all relative and kinship foster family homes. -
Blog
Pandemic-era SNAP benefits expire
On March 1, the temporary boost to Supplemental Nutrition Assistance Program (SNAP) benefits known as emergency allotments came to an end. In response to the COVID-19 pandemic, these increased monthly benefits were authorized in 2020 by the Families First Coronavirus Response Act (FFCRA, P.L. 116-127) and provided vulnerable households with additional grocery benefits to help mitigate the negative economic impacts caused by the pandemic.
-
Webinar
County Leaders Championing Justice Efforts in Local Communities
April 5, 2023 , 2:00 pm – 3:00 pmCounties are directing resources to programs, practices and policies to reduce the overuse and misuse of the criminal legal system, improve public safety, better serve residents with behavioral health conditions and improve community stability and health.04052:00 pm<p>Counties are directing resources to programs, practices and policies to reduce the overuse and misuse of the criminal legal system, improve public safety, better serve residents with behavioral health conditions and improve communit
-
Basic page
Transforming County Human Services Network
Counties Matter in Human Services There are over 257,000 county human services employees across the country delivering vital services to our nation’s most vulnerable populations.pagepagepage<h3><strong>Counties Matter in Human Services</strong></h3>
-
Basic page
Human Services & Education Steering Committee
All matters pertaining to children’s issues, foster care, public assistance and income support, services to senior citizens and individuals with disabilities, immigration policy, social services, and elementary, secondary and post-secondary education. Policy Platform & Resolutions 2022-2023 2022 NACo Legislative Prioritiespagepagepage<p>All matters pertaining to children’s issues, foster care, public assistance and income support, services to senior citizens and individuals with disabilities, immigration policy, social services, and elementary,
Contact
-
Legislative Associate(203) 402-9494
Related Posts
-
BlogUSDA moves to expand flexibility for schools to offer free school mealsMar. 30, 2023
-
BlogAddressing social determinants of health with GIS technologyMar. 15, 2023
-
BlogHHS proposes new rule to improve availability of kinship foster care homesMar. 14, 2023
Related Resources
-
Reports & ToolkitsMental Health Awareness Month: County Participation ToolkitMar. 24, 2023
-
Reports & ToolkitsThe County Role In Long-Term CareFeb. 24, 2023
-
Reports & ToolkitsLegislative Toolkit for Counties: Priorities for Strengthening the Supplemental Nutrition Assistance Program (SNAP)Feb. 11, 2023
Related Events
-
5Apr2023Webinar
County Leaders Championing Justice Efforts in Local Communities
Apr. 5, 2023 , 2:00 pm – 3:00 pm
More From
-
Legislative Analysis for Counties: The Consolidated Appropriations Act of 2023
This analysis includes funding highlights for key programs impacting counties.
Learn More