About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (August 16, 2019)

handle is hein.crs/govbbws0001 and id is 1 raw text is: k\ CrvoJ \ e DHS Final Rule on Public Charge: Overview and Considerations for Congress August 16, 2019 On August 14, 2019, the Department of Homeland Security (DHS) published a final rule that contains new regulations interpreting the public charge ground of inadmissibility in the Immigration and Nationality Act (INA). The rule would likely bar more non-U.S. nationals (aliens) from becoming lawful pennanent residents (LPRs) due to their potential future use of public benefits. Specifically, the rule would render aliens inadmissible to the United States-and thus ineligible to obtain LPR status-if they are more likely than not at any time in the future to receive one or more public benefits . .. for more than 12 months within any 36-month period. Some non-cash federal benefits, including most forms of Medicaid and benefits received under the Supplemental Nutrition Assistance Program (SNAP), would count as public benefits under the final rule, in contrast to pre-existing law. The rule is to take effect on October 15, 2019-60 days from the publication date-barring legislative or judicial action to the contrary. At least two lawsuits have been filed challenging the legality of the public charge rule and seeking a preliminary injunction to prevent DHS from enforcing it during litigation. This Legal Sidebar addresses legal aspects of the new public charge rule-specifically, how it would change current law and, to a lesser extent, the arguments concerning the rule's legality. The Sidebar does not focus on the policy arguments for and against the rule. Background on Public Charge and Pre-Existing DHS Guidance The public charge ground of inadmissibility requires immigration officials to make forward-looking assessments about the likelihood that an alien, if admitted into the United States, will become dependent on public assistance in the future. The INA renders an alien inadmissible if he or she is likely at any time to become a public charge. (Refugees, asylees, and some other groups of aliens are exempt from the public charge ground of inadmissibility.) As a CRS Report explains, under longstanding executive branch practice, the provision has implications mainly for aliens who seek LPR status either by applying for adjusuent of status, if they are already in the United States, or by applying for an immigrant visa at a U.S. consulate, if they are abroad. The U.S. Citizenship and Immigration Services (USCIS) within DHS Congressional Research Service https://crsreports.congress.gov LSB10341 CRS Legal Sidebar Prepared for Members and C om m ittees ot C on -g-ess ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most