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1 1 (October 18, 2022)

handle is hein.crs/govejdc0001 and id is 1 raw text is: Congressional ____ A*Research Service Immigration: Public Charge 2022 Final Rule Updated October 18, 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. Beginning in 1999, public charge guidance directed immigration officials to consider whether a noncitizen 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, during 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; the guidance also 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 September 2022, DHS published a final rule codifying a conceptualization of public charge that is similar to the 1999 guidance. 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 they are likely at any time to become a public charge. An admitted alien may 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 (if applicable) 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 Conaress

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