On September 9, 2022, the US Citizenship and Immigration Services (USCIS) issued new final rules regarding public charge to take effect on December 23, 2022 that clarify the long-standing field guidance issued in 1999. The rules affirm that the Trump administration policies are no longer in effect and clarifies the benefits that will not be considered in evaluating whether a person would be primarily dependent on government resources. For example, the rules state that health benefits like Apple Health/Medicaid and Qualified Health Plans are not considered for public charge, with a limited exception for long-term institutionalization at government expense. In a victory for health advocates, the rules clarify that receiving home-and-community based long term care services will not count against a person for public charge purposes. 

Standing alongside other advocacy organizations, NoHLA has been an outspoken opponent of the Trump administration’s rules change, joining a “friend of the court” (amicus curiae) brief in the multi-state lawsuit challenging the legality of the rules, actively participating in the Protecting Immigrant Families Coalition – Washington, and filing written objections to the Trump administration’s definition of what public benefits qualified as public charge. We have worked hard with many others nationwide and in our state over several years and are proud that our collective efforts have paid off!

Protecting Immigrant Families provides guidance for what advocates need to know about the public charge rule here and resources from USCIS are available here.