The Public Charge Rule – A policy over 100 years old

The Public Charge Rule is an immigration policy that has been present in the US for over 100 years, but the term “Public Charge” was initially introduced in Congress through the “Immigration Act of 1882”.

Broadly speaking, the Public Charge Rule outlines a series of parameters and guidelines to prevent immigrants, especially Green Card applicants, from becoming a public charge, that is, using social services or public benefits inordinately. In other words, this rule allows immigration officers to reject certain applications on public charge grounds.

It is worth clarifying that this rule has not always been static, but rather can be modified or reshaped by each administration depending on its plans, proposals and goals related to the local immigration system.

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The Biden administration removed Trump’s public charge rule

In 2019, the previous administration issued the most recent version of the Public Charge Rule, and since former President Trump had a rather restrictive and limiting stance on immigration in general, his administration expanded and increased inadmissibility parameters on public charge grounds, affecting thousands of immigrants who had used public services under certain circumstances.

On March 9, 2021, the current administration of the US, led by President Joe Biden, ceased applying the 2019 version of the Public Charge Rule and reused the previous guidelines, which were implemented in 1999.

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The Biden administration plans to propose new Public Charge Rule

Now, the Biden Administration is looking to move forward with the help of the American public in order to propose its own Public Charge Rule and establish new guidelines and parameters consistent with its immigration ideals.

In fact, on Friday, August 20, Biden’s DHS (Department of Homeland Security) announced that it would seek support from the local population to implement a new Public Charge Rule, “a fair and rational rule that does not cause fear and confusion among immigrant communities”, as stated by the USCIS (US Citizenship and Immigration Services) director.

As a result, on Monday, August 23, the Biden administration published an ANPRM (Advance Notice of Proposed Rulemaking) in the Federal Register, requesting comments from the American public, including citizens, organizations, government agencies and others, in order to create the appropriate inadmissibility parameters on Public Charge grounds.

It is worth mentioning that, unlike the Trump administration, Biden’s DHS does not plan to include a medical services section in the Public Charge Rule, especially since it could prevent immigrant communities from accessing the national COVID-19 vaccination program out of fear of deportation or fear of losing their legal immigration status.

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