Public Charge LA Law Library – Pro Bono Week Roundtable: Improving Services for Immigrants October 23, 2018

Background: Public Charge What is “Public Charge”? “Public Charge” is a term used in immigration law to refer to someone who is likely at any time to become primarily dependent on the government for support. Immigration officials make public charge assessments when a noncitizen: Applies to enter the U.S. Is already in the U.S. and applies to adjust his or her status to become a Lawful Permanent Resident (LPR) (Does not apply to LPR applying to become a U.S. citizen)

Background: Public Charge Public Benefits Cash assistance for income maintenance Institutionalization for long-term care at government expense Under current policy, only two types of public benefits may be considered

Background: Public Charge Factors & Exemptions Age Health Family status Financial status Education and skills Affidavit of support At the time of application, an officer will consider: Exemptions LPRs applying for U.S. citizenship Refugees and asylees Survivors of domestic violence, trafficking, or other serious crimes Temporary Protected Status Special Immigrant Juveniles Other categories of noncitizens

Proposed Rule Change Notice of Proposed Rulemaking (NPRM) The proposed changes, if adopted, would make changes to the policies that govern "public charge" determinations. Most notably: Redefines "public charge" to include person who is likely at any time in the future to receive “one or more public benefits.” “Public benefits” is expanded to also include non-cash assistance (e.g., SNAP, nonemergency Medicaid, premium and cost sharing subsidies for Medicare part D, housing assistance.) Any one seeking an extension of stay or change of status must show that he or she has not received, is not currently receiving, nor is likely to receive, public benefits. Adds "heavily weighted negative factors" in favor of a finding of "public charge."

Proposed Rule Change Cont’d Notice of Proposed Rulemaking (NPRM) The Proposed rule will not: Consider benefits received by dependents – including U.S. citizen children Be retroactive. Apply to existing exempted categories of nonimmigrants.

Status and Upcoming Events NPRM was published on October 10, 2018 in the Federal Register The public will have an opportunity to provide comment for 60 days – until December 10, 2018. What’s next?