Supreme Court Allows Public Charge
Rule to Take Effect

On January 27, 2020, the U.S. Supreme Court lifted the preliminary injunction issued by a U.S. District Court in New York that blocked the public charge rule. The nationwide injunction had prevented the Department of Homeland Security (DHS) rule from taking effect as originally scheduled on October 15, 2019. The rule, which makes it more difficult for immigrants who use certain federal, state, and local government benefits to obtain green cards, may now be enforced in every state, except Illinois (which remains under a statewide injunction), while litigation challenging the merits of the public charge rule continues.

We expect that DHS will issue further guidance on when it will begin enforcing the new public charge rule. For now, immigrants and their families should be aware that the benefits added to the definition of “public benefit” under the new rule (SNAP, Medicaid, and housing assistance) may count against them in connection with a green card application if such benefits are received for more than an aggregate of 12 months over any 36-month period of time.

For more information about the public charge rule, you can review the following resources from Protecting Immigrant Families:

• Public Charge: Does This Apply to Me?
• Changes to Public Charge: Analysis and Frequently Asked Questions

CAPLAW will continue to monitor developments on the public charge rule and update the Community Action network on any changes as they arise. If you have questions about these issues, please feel free to contact CAPLAW for assistance.

This News Flash is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0467-03. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this news flash are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.