Department of Homeland Security Public Charge Final Rule

On August 14, 2019, the United States Department of Homeland Security (DHS) released a new rule as to what constitutes a public charge under federal immigration law. Effective October 15, this rule will make it harder for legal immigrants who have received certain public benefits such as food stamps, most forms of Medicaid, and housing assistance to obtain permanent resident status. However, the rule does not include Pell Grants and other forms of educational assistance among the types of benefits that immigrants will be penalized for receiving. While the College is unable to provide legal advice, please be assured that eligible students may still apply for financial aid and other forms of educational assistance without penalty. If you are eligible for financial aid, either federal or state, we strongly urge you to apply. If you have questions about eligibility, please contact the Financial Aid Office at (714) 241-6239 or email at financialaid@coastline.edu.

California Community Colleges Press Release: 2019 Federal Public Charge Rules 

Frequently Asked Questions (FAQ)

Below are some common questions and answers on this topic:

• Final Rule FAQs and Answers

  Q. When does the final rule go into effect? 

  The final rule goes into effect on Oct. 15, 2019, and will only be applied to applications and petitions postmarked (or, if applicable, submitted electronically) on or after Oct. 15, 2019. Applications and petitions postmarked (or, if applicable, submitted electronically) before Oct.15, 2019, will be adjudicated under the prior policy, the 1999 Interim Field Guidance. In addition, regardless of whether the application or petition was filed before, on, or after the effective date, DHS will not consider receipt of public benefits excluded from consideration under the 1999 Interim Field Guidance (for example, Supplemental Nutrition Assistance Program [SNAP] and Medicaid) unless such benefits are received on or after Oct. 15, 2019.  

  For public benefits that were considered under the 1999 Interim Field Guidance (for example, Supplemental Security Income [SSI], General Assistance or Temporary Assistance for Needy Families [TANF]) or institutionalization for long-term care, DHS will consider the receipt of those benefits before Oct. 15, 2019, as a negative factor in the totality of the applicant’s circumstances but will not consider such receipt a heavily weighted negative factor, regardless of the duration of past receipt. 

  Q. What does the final rule change?

  The final rule changes the definitions for public charge and public benefits and changes the standard that DHS uses when determining whether an alien is likely to become a “public charge” at any time in the future and is therefore inadmissible and ineligible for admission or adjustment of status.  

  In limited circumstances, and in USCIS’ discretion, an alien who wants to adjust their status may post a bond and obtain adjustment of status, despite being determined inadmissible on public charge grounds. The final rule sets the minimum bond amount at $8,100; the actual bond amount would be dependent on the alien’s circumstances. In addition, in certain circumstances, an alien may obtain a waiver of the public charge ground of inadmissibility. 

  The rule also makes nonimmigrants who have received, since obtaining the nonimmigrant status they are seeking to extend or from which they are seeking to change, designated public benefits for more than 12 months in the aggregate within any 36-month period generally ineligible for change of status and extension of stay.

  Q. Who is subject to the public charge inadmissibility ground?

  Unless specifically exempted by Congress, aliens seeking immigrant or nonimmigrant visas abroad; aliens seeking admission to the United States on immigrant or nonimmigrant visas; and aliens seeking to adjust their status to that of a lawful permanent resident from within the United States are subject to the public charge ground of inadmissibility.  

  While most lawful permanent residents are not subject to inadmissibility determinations, including public charge inadmissibility, upon their return from a trip abroad, some lawful permanent residents can be subject to the public charge ground of inadmissibility because specific circumstances dictate that they be considered applicants for admission.

  Q. Who is exempt from this rule?

  Congress has exempted certain classes of immigrants from the public charge ground of inadmissibility. For instance, refugees, asylees, and Afghans and Iraqis with special immigrant visas are exempt from public charge inadmissibility. This rule includes provisions clarifying the classes of individuals who are exempt from this rule, as well as those who are able to obtain a waiver of public charge inadmissibility.

  Q. What amount/duration of public assistance matters?

  The final rule includes a single duration-based threshold for the receipt of public benefits as part of the definition of public charge. The final rule considers an alien a public charge if he or she receives public benefits for more than 12 months in the aggregate in any 36-month period, such that the receipt of two benefits in one month counts as two months.  

  However, because a public charge inadmissibility determination is prospective in nature, in the totality of the circumstances, any duration (and amount) of public benefits received may be considered in the totality of the circumstances.  

  USCIS will also consider whether an alien seeking an extension of stay or change of status has received, since obtaining the nonimmigrant status he or she seeks to extend or from which he or she seeks to change, public benefits for more than 12 months in total in any 36-month period (such that, for instance, the receipt of two benefits in one month counts as two months).

  Q. Which benefits are included in public charge inadmissibility determinations? 

  DHS will only consider public benefits as listed in the rule:   

  • Any federal, state, local, or tribal cash assistance for income maintenance   
  • Supplemental Security Income (SSI) 

  • Temporary Assistance for Needy Families (TANF) 
  • Federal, state or local cash benefit programs for income maintenance (often called “General Assistance” in the state context, but which may exist under other names)  
  • Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”) 
  • Section 8 Housing Assistance under the Housing Choice Voucher Program 
  • Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)  
  • Public Housing under section 9 the Housing Act of 1937, 42 U.S.C. 1437 et seq. 
  • Federally funded Medicaid (with certain exclusions) 

  This rule also clarifies that DHS will not consider the receipt of desig