Immigrant Health and Changes to the Public-Charge Rule: Family Physicians’ Response

Cynthia Haq; Isaure Hostetter; Laura Zavala; José Mayorga

doi:10.1370/afm.2572

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Table 1

Benefits Which Determine Public Charge⁶

New definition of public charge	A noncitizen who receives 1 or more public benefits for more than 12 months in the aggregate within any 36-month period (receipt of 2 public benefits in 1 month counts as 2 months)
Public benefits that may be considered for public charge purposes	Previous rule: Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), federally funded long-term care New rule: all of the above, and: • Federal, state, or local cash benefit programs for income maintenance • Non-emergency Medicaid for non-pregnant adults >21 years • SNAP (Federally funded nutritional assistance) [WIC is not included in the rule] • Section 8 Housing Assistance under the Housing Choice Voucher Program or Section 8 Project-Based Rental Assistance • Subsidized public housing
Consideration of use of public benefits in a public charge determination	• If someone has applied, been approved for, or received public benefits • Will not consider benefits received by or applied for on behalf of other family members (for instance, food assistance for citizen children) • Will not consider benefits received by active duty or reserve service members and their families • Will not consider benefits received by an individual during periods in which the individual was present in an immigration category that is exempt from a public charge determination • Will not consider benefits received by foreign-born children of US-citizen parents who will be automatically eligible to become citizens
Heavily weighted negative factors	• Has received 1 or more public benefits for more than 12 months in the aggregate within the prior 36 months • Not a full-time student, is authorized to work but is unable to demonstrate employment, recent employment, or a reasonable prospect of future employment • Has a medical condition that requires extensive treatment or institutionalization and is uninsured and does not have sufficient resources to pay for medical costs related to the condition • Previously found inadmissible or deportable on public charge grounds
Heavily weighted positive factors	• Household has financial assets/resources of at least 250% of the Federal Poverty Level (FPL) • Authorized to work or employed with an income of at least 250% of the Federal Poverty Level • Individual has private insurance that is not subsidized by Affordable Care Act tax credits