Public Charge Legislation Update

The Department of Homeland Security (DHS) has proposed a new public charge inadmissibility standard to replace the 2019 rule that was vacated in March of 2021. The proposed rule would provide more fair treatment for noncitizens requesting admission to the US or applying for permanent residency and would shift the definition of “likely at any […]

By Marie Camino Last week, following the release of the final Public Charge regulation, Senator Maizie Hirono (D-HI) introduced the Protect American Values Act, Senate companion legislation to the No Federal Funds for Public Charge Act (H.R. 3222). The bill would prohibit the government from using federal funds to enforce the Department of Homeland Security’s […]

By Marie Camino Last year, the Department of Homeland Security (DHS) proposed it’s draft public charge inadmissibility regulation, aiming to change the threshold for becoming what the government defines as a “public charge.” The rule received over 200,000 public comments, and The National Assembly submitted a public comment in opposition to the rule due to […]

In 2018, NHSA followed the administration’s proposed Public Charge rule closely. We participated in the Protecting Immigrant Families Coalition, submitted public comments to the Department of Homeland Security opposing the rule in its entirety, and provided guidance for organizations to do the same. In all, over 210,000 comments were submitted by the December 10 deadline, […]

 The deadline to submit public comments on the administration’s proposed “public charge” rule is December 10. If promulgated, the rule would change the definition of public charge from a person who is “primarily dependent on the government for subsistence” to an immigrant “who receives one or more public benefits.” It would also expand the list […]