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1 1 (March 10, 2022)

handle is hein.crs/goveggu0001 and id is 1 raw text is: Congressional ____ ~ Research Service Immigration: Public Charge Updates Updated March 10, 2022 Under federal immigration law, a noncitizen (alien) who is likely to become a public charge is deemed inadmissible, or ineligible to be admitted to the United States as a lawful permanent resident (LPR or green card holder). Public charge determinations are made based on the totality of the circumstances for each case. In recent years, the criteria considered in public charge determinations have shifted. Longstanding public charge guidance directed immigration officials to consider whether an individual has become or is likely to become dependent on cash benefits for income maintenance or long-term institutionalization at government expense, among other factors. In 2019, under the Trump Administration, the Department of Homeland Security (DHS) issued a new federal regulation that expanded the definition of public charge to consider whether a noncitizen was more likely than not at any time in the future to use certain public benefits and added consideration of certain noncash benefits. The regulation was subsequently challenged in court. The Biden Administration chose not to defend the regulation and, in March 2021, reverted to previous guidance. In February 2022, DHS published a Notice of Proposed Rulemaking (NPRM) intending to implement a new regulation. Background U.S. immigration law has long contained exclusion and removal provisions designed to limit government spending on indigent noncitizens. Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or adjustment to LPR status if he or she is likely at any time to become a public charge. An admitted alien may also be subject to removal from the United States based on a separate public charge ground of deportability, but this is rarely employed. Certain categories of aliens, such as refugees and asylees, are exempted from the public charge grounds of inadmissibility. There is no public charge determination for noncitizens applying to naturalize (become U.S. citizens). Immigration authorities are required by statute to, at a minimum, consider the following factors when making public charge determinations: age; health; family status; assets, resources, and financial status; and education and skills. Immigration officers may also consider an affidavit of support submitted by an alien's petitioner as well as the alien's prospective immigration status and expected period of admission. Together, these factors comprise a totality of the circumstances test for public charge determinations. Congressional Research Service https://crsreports.congress.gov IN11217 CRS INSIGHT Prepared for Members and Committees of Congress

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