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DHS Proposal to Revise Public Charge Rule Raises Concerns
The Department of Homeland Security (DHS) is considering changes to its “public charge” rule, which determines whether an immigrant is likely to become primarily dependent on the government for support. The proposed rule woudl eliminate a narrow definition of what constitutes a “public benefit” when assessing an applicant’s eligibility for permanent legal status or a visa. Experts warn this could lead to a chilling effect, discouraging eligible immigrants from accessing vital programs like Medicaid and SNAP.
What is the public Charge Rule?
The public charge rule allows U.S. immigration officials to deny applications from individuals deemed likely to become primarily dependent on government assistance. Historically,the rule focused on cash assistance programs like Temporary Assistance for Needy Families (TANF) and long-term institutionalization.DHS defines a public charge as an individual who is likely to become primarily dependent on the government for subsistence.
proposed Changes and Potential Impact
The proposed rule expands the definition of public benefits considered in a public charge determination. Under the new proposal, the use of programs like Medicaid (except for certain emergency medical care) and the Supplemental Nutrition Assistance Program (SNAP) could negatively impact an applicant’s case.
Kelly Whitener, an associate professor at Georgetown University Center for Children and Families, explains that the lack of a clear standard in the proposed rule will create uncertainty. “People will have to guess, and they’ll act out of an abundance of caution,” she stated. This “chilling effect” could lead eligible individuals to avoid applying for or using benefits they are entitled to, fearing it will jeopardize their immigration status or that of family members.
The Kaiser Family Foundation (KFF) estimates that between 1 and 4 million people could disenroll from Medicaid and the Children’s Health Insurance Program (CHIP) if the rule is finalized. This includes between 500,000 and almost 2 million eligible children.
Concerns for Children and Families
Robert Sanborn, with Children at Risk, a Texas-based research and advocacy organization, emphasizes the long-term consequences for immigrant communities. He argues that the rule change will negatively impact health, academic, and economic outcomes for children.”We should not be a society that’s saying we’re only pro family for a certain segment of our society,” Sanborn said.
Experts are concerned that the effects of this proposed rule could be more significant than previous changes to public charge guidance. Families are already working hard to ensure
