By Monica Simmons | Communications Coordinator
In August, the Trump Administration announced a change to the public charge test, designed to discourage immigrants from accepting government benefits. (A “public charge” is a legal term that refers to a person who is dependent on the government for support.) The Administration’s new guidelines are written to target immigrants in three instances: those who are in the process of applying to 1) enter the country, 2) receive a green card, or 3) extend a work visa. However, these changes will likely discourage many more immigrants from seeking and accepting services for which they or their family members qualify. The new public charge rules go into effect February 24, though any applications in before that date will be subject to the old public charge test.
“The first thing to know about this change,” said Keegan Warren-Clem, JD, LLM, Managing Attorney at People’s Medical-Legal Partnership, “is that information put out by the administration, including a leaked memo and a leaked draft of the new rule, has created a lot of confusion.” In the Administration’s effort to limit disbursement of aid, “they created misunderstandings that have resulted in people staying away from public benefits—even when they are entitled.”
Warren-Clem notes that the final rule contains an estimate that 382,264 legal immigrants nationwide annually will be affected, but that the financial impact includes the 334,070 others who are expected to disenroll or forego enrollment in a public benefits program.[1]
So what are these controversial new guidelines? In addition to the existing limitations on SSI (Supplemental Security Income), TANF (Temporary Assistance for Needy Families), and long-term care Medicaid, immigrants already in the U.S. who are extending their visa or applying for a green card may also want to think twice about accepting the following benefits: SNAP (food stamps), Section 8 housing vouchers, and some types of Medicaid.
Another point to keep in mind: immigrants would only be subject to the public charge test if they are the individual receiving the benefits. For example, the rule does not apply to the parent of a child who receives Medicaid benefits.
In reality, Warren-Clem estimates that most of those who will be affected do not live in a state like Texas, where benefits are largely not available to non-citizens. Additionally, there are many exceptions to the rule. For instance, there are a variety of Medicaid benefits that would not be a mark against someone seeking a visa or green card. Certain kinds of Medicaid—for recipients who are pregnant, under 21, needing emergency services, or youth receiving school-based Medicaid— will not put someone at risk.
“The rule ultimately affected a fairly narrow population,” said Warren-Clem. “But, understandably, the initial confusion caused fear and people are afraid to apply. Clinicians are unsure; patients are unsure. The MLP is available and will continue training staff and the community on this issue as well as counseling individuals.”
Before the new rules go in to effect on February 24, 2020, here are the big takeaways to know:
- At People’s Community Clinic, we do not collect immigration information from our patients.
- The rule applies to only immigrants who themselves receive the benefit.
- The rule does not affect undocumented persons or those seeking citizenship.
- Immigration applications and petitions received before February 24, 2020, will not be held to the new rule. It also means that any newly included benefits—SNAP, Medicaid, and housing—that were received before this date are not counted.
- It is possible that accepting benefits will not disqualify someone from receiving their green card or work visas. The new public charge test creates a threshold: if a benefit is received for more than twelve months in a thirty-six month period, an individual is likely to be denied immigration status. Each benefit counts separately; in other words, if two benefits are received in one month, it counts as two months. But the test considers many factors, including private health insurance, income, resources, age, family situation, and health. Individuals with health conditions, low incomes, or who are very young or old, for example, can present other positive factors to demonstrate that they are not likely to rely on the government in the future.
- Sometimes getting help is all that matters. Each family should consider their own situation and weigh the benefits of getting help versus not getting help. For example, temporary receipt of public benefits might provide the kind of stability that allows a family better long-term prospects.
*The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are for general informational purposes only.
[1] 84 Fed. Reg. 41463 (Aug. 14, 2019), available at https://www.govinfo.gov/content/pkg/FR-2019-08-14/pdf/2019-17142.pdf.