Expected Proposed Rule Puts Immigrants at Additional Risk

The Department of Homeland Security intends to propose significant changes to the way the “public charge test” in federal law is applied to certain immigrants seeking to obtain legal status (legal permanent resident or “green card holder”). If the proposal becomes law, receipt of any of a broad array of public benefits could negatively affect these immigrants’ chances of getting a green card. The Washington Post recently published a leaked draft of this proposal. The draft is now under review by the Office of Management and Budget and is expected to be published for comment in the Federal Register in the very near future. Under the leaked draft, the public charge test would be expanded to include use of both federally- and state-funded benefits like Basic Food, Washington Apple Health and other non-cash supportive services. And it would apply to the applicant or the applicant’s family members, including U.S. citizen children. It is important to remember that this was a leaked draft and the proposed rules may look different, and even then, they are still only proposed. At this point, there is no reason for people to stop benefits that they or their families currently receive legally. NoHLA collaborated with Children’s Alliance and OneAmerica on talking points and resources for the advocate and provider community. We are closely monitoring this threat and will provide timely updates.