The U.S. Department of Homeland Security has released a new and improved Public Charge Rule. The issue of this final rule explains the improved public charge ground of inadmissibility and has given hope to noncitizens that the legal system can be repaired. To elaborate, a noncitizen who would be recognized as a “public charge” is one that would be deemed to be dependent on the government for assistance and would ultimately be denied permanent residence in the United States such as a green card. Fortunately, the new rule guarantees a new policy in which the DHS will not use a noncitizen’s dependence on government benefits as a determination factor for their residence in the United States.
The new rule has solved the problem of the consideration of public health benefits and nutritional assistance as part of the inadmissibility determination. To elaborate, the new Public Charge Rule guarantees that individuals will not be reprimanded for their access to government services and benefits. This policy not only allows nonimmigrants to remain in the United States despite possibly reliance on government welfare, but it also provides reassurance to families that have previously faced complications for benefit usage. This improved policy will allow individuals of mixed immigration statuses to access nutrition benefits and more. The final rule will be in effect on December 23rd, 2022.