Despite public outcry:
The regulation, also known as the public charge rule, was published in the Federal Register Monday morning with the following acknowledgment: “While some commenters provided support for the rule, the vast majority of commenters opposed the rule.”
As to what it will do:
The public charge term has historically referred to someone who is “primarily dependent on the government for subsistence" based on their receipt of "public cash assistance."
The new rule expands the definition to include anyone who receives food stamps, Medicaid and housing subsidies.
Receipt of one or more of those designated public benefits for an aggregate 12 months within any three-year period by any noncitizen will be considered a negative factor in determining whether or not they become a public charge.
The new wording says this:
DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.
This forces families into the
choice of receiving services their families need (and for which they qualify) or eventually gaining legal status. While the benefits received directly by children will not be counted--EDIT: though
the Huffington Post article appears to say otherwise--the health care, food assistance, and other care their parents receive will count against them, and endangering parents does not care for children. See the
pull quote from WBUR:
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