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Biden Administration Eases “Public Charge” Rule

By September 14, 2022September 27th, 2022No Comments

The “Public Charge rule” was significantly broadened during the Trump administration to restrict the number of individuals who qualified for green cards and other visas by redefining what qualified an individual as reliant on government services. However, the Biden administration has proposed its own version of the rule in February of 2022, which has only now been finalized on September 9th, 2022. The 2022 version of the “Public Charge Rule” is closely comparable to the 1999 Interim Field Guidance which defines a public charge as someone who is “primarily dependent on the government for subsistence,” as demonstrated by either using public cash assistance for income maintenance, or institutionalization for long-term care at taxpayer expense.

Present days final rule which has officially been published in the Federal Register on September 9th, 2022 will ensure that citizens are not penalized for choosing to access governmental services that are available to them such as Temporary Assistance for Needy Families (TANF), also recognized as welfare, and Medicaid or other programs supporting continuing institutionalized care, such as being a patient at a nursing home or mental health institution. So, Trump’s policy is being abolished as President Biden wants to help more immigrants obtain green cards.

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