Comments in Response to Proposed Rulemaking: Inadmissibility on Public Charge Grounds

The “public charge” assessment allows the Department of Homeland Security (DHS) to review an immigrant’s request to enter the United States or to get a green card to determine if they are likely to become primarily dependent on government benefit programs. Currently, this assessment includes only the receipt of cash benefits and institutional long-term care. The proposed rule would extend this assessment and penalize people with even modest use of vital programs like Medicaid, housing assistance, SNAP (Supplemental Nutrition Assistance Program, formerly Food Stamps), and Medicare Extra Help. This means a dramatic increase in both the scope and punitive effect of public charge. The proposal also includes penalties for being over 61 or having a disability. This is unfair targeting of older adults and people with disabilities, along with their families, who are on the path to citizenship. Because of this, we strongly oppose the proposed rule and we urge DHS to withdraw the rule in its entirety.