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

2. 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)

3. 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

4. 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

5. 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."

6. 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.

7. 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?