New Public Charge Rule Dropped | Joseph & Hall P.C.

On March 9, 2021, the Division of Homeland Safety Secretary, Alejandro Mayorkas, introduced that the federal government will not defend the brand new 2019 public cost rule proposed and carried out by the Trump administration. Secretary Mayorkas commented:

The 2019 public cost rule was not in line with our nation’s values. It penalized those that entry well being advantages and different authorities providers out there to them. According to the President’s imaginative and prescient, we are going to proceed to implement reforms that enhance our authorized immigration system.

This announcement signifies that the laws and steerage relating to public cost that existed previous to the 2019 rule might be restored.

From its proposed inception, the 2019 public cost was controversial and infrequently criticized as a “wealth take a look at” for these in search of immigration advantages. Underneath this rule, candidates for lawful everlasting residency have been required to reveal in depth private monetary data and supply voluminous documentation of property and liabilities, a credit score report, tax returns, financial institution statements, data relating to any public advantages ever acquired, and different monetary data. Whereas the general public cost floor of inadmissibility existed previous to the implementation of this new rule, the 2019 rule considerably broadened the definition of “public cost,” thereby excluding many extra individuals.

USCIS explains the sensible implications of this transformation, noting that USCIS will not take into account, for instance, an applicant’s receipt of Medicaid, public housing, or Supplemental Diet Assistant Program (SNAP) advantages as a part of the general public cost inadmissibility dedication.

Though the federal government will not defend the 2019 rule in court docket and the assorted circumstances difficult the general public cost rule have been dismissed, a number of states have nonetheless sought to intervene in these circumstances with a view to have them reinstated and defend the validity of the 2019 rule. If the states have been profitable on this endeavor, USCIS might be required to implement the 2019 rule sooner or later.

Because the battles over this controversial rule proceed, we are going to hold you posted on any necessary developments.