DHS Publishes Comprehensive New Public Charge Rule (Effective October 15, 2019)

The public charge rule will expand the ambient of benefits considered in public charge determinations. The term “public benefit” will now be interpreted to include “any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.” It is worth noting that the public charge rule does not treat the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) as a public benefit for public charge determinations, despite there having been speculation that it would do so. The definition of public benefit will also not include “benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children; public benefits received by certain international adoptees and children acquiring U.S. citizenship; Medicaid for aliens under 21 and pregnant women; Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and Medicaid benefits for emergency medical services.”