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1 1 (February 3, 2020)

handle is hein.crs/govcagm0001 and id is 1 raw text is: r~~w Con arers flasearch Service DHS Final Rule on Public Charge: Overview and Considerations for Congress Updated February 3, 2020 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 regulations make it more likely that non-U.S. nationals (aliens) will not qualify to become lawful pernanent residents (LPRs) due to their potential future use of public benefits. Specifically, the regulations 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, federal housing assistance, and benefits received under the Supplemental Nutrition Assistance Program (SNAP)-count as public benefits under the regulations. In contrast, under the prior executive branch interpretation of the public charge ground of inadmissibility, which had been in place since 1999, use of such non-cash benefits did not impact public charge determinations. DHS has announced that it will begin enforcing the new regulations on February 24, 2020, except in Illinois. The announcement follows a January 27, 2020 Supreme Court order granting DHS a stay of two nationwide preliminary injunctions that had blocked implementation of the regulations on the ground that they likely violated the INA and the Administrative Procedure Act. Earlier, DHS had obtained stays of other nationwide preliminary injunctions against the regulations from two federal appellate courts. As of this writing, one preliminary injunction against the regulations remains in place, and it blocks their implementation in Illinois. As such, under the court orders currently in effect, DHS may enforce the new regulations for the time being, except in Illinois, while litigation over their legality moves forward. This Legal Sidebar addresses legal aspects of the new public charge rule-specifically, how it changes the criteria for public charge determinations and, to a lesser extent, the ongoing litigation concerning the rule's legality. The Sidebar does not focus on the policy arguments for and against the rule. Congressional Research Service https://crsreports.congress.gov LSB10341 CRS kBga! Sidebar Prepamd for Membe-q and Cornm ittees o4 Co nqqr ess ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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