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Immigration Resources

Public Charge / Public Benefits

DECEMBER 2022— The Biden Administration public charge regulations go into effect on December 23, 2022. While the regulations largely mirror the policies set forth in the 1999 Field Guidance on public charge, they provide important clarifications about issues such as which immigrants are exempt from the public charge ground of inadmissibility and under which circumstances the receipt of public benefits will or will not be considered in a public charge determination.

USCIS created a Public Charge Resources page here, which includes FAQs about which public benefits are considered when making public charge inadmissibility determinations under the 1999 guidance and the new rule. For example, it stresses that USCIS does not consider COVID-19 testing, treatment, vaccines, or public benefits specifically related to the coronavirus pandemic. It also includes answers to common questions about other programs and tax credits.

SEPTEMBER 9, 2022— US Citizenship and Immigration Services (USCIS) published a final rule addressing the public charge inadmissibility ground. The new rule will become effective on December 23, 2022.

UPDATED 02/24/2022—Supreme Court hears arguments over ‘public charge’ rule

“The Supreme Court grappled Wednesday with the unusual legal maneuvers the Biden administration used to wipe out a Trump-era immigration rule and whether to let some Republican-led states continue the court fight to save it….

“The oral arguments Wednesday focused not on the merits of the policy, but on the convoluted legal challenges in different federal courts around the country, and what happened when President Joe Biden took office and ordered a new public charge rule.

“In short, the Biden administration declined to defend the Trump-era rule in court. That move meant the rule would be vacated by one Illinois federal court ruling, would wipe out two challenges already at the Supreme Court, and would avoid a notice-and-comment process to rescind a rule under the Administrative Procedure Act, known as the APA.

“Arizona Attorney General Mark Brnovich told the justices that his state and others should be able to intervene to defend the Trump-era rule in a case out of the 9th U.S. Circuit Court of Appeals, since the federal government won’t defend it. He argued on behalf of 12 other states that joined the case….

“The Supreme Court will issue an opinion in the case by the end of the term at the end of June.”

UPDATED 03/09/2021—DHS Announces DOJ Will No Longer Defend the 2019 Public Charge Final Rule:

“On February 2, 2021, the President issued Executive Order 14,012, directing the Secretary of Homeland Security to review the actions of the Department of Homeland Security (DHS or Department) related to the implementation of the public charge ground of inadmissibility.  Consistent with the Executive Order, DHS has begun its review, as well as its consultation with other relevant agencies.

“As part of its review, DHS has determined that continuing to defend the final rule, Inadmissibility on Public Charge Grounds, 84 Fed. Reg. 41,292 (Aug. 14, 2019) (2019 Rule), is neither in the public interest nor an efficient use of limited government resources.  Consistent with that decision, the Department of Justice will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 Rule.”

UPDATED 03/09/2021—Cases testing Trump’s “public charge” immigration rule are dismissed: Just over two weeks after the Supreme Court announced that it would review the Trump administration’s “public charge” rule, which governs the admission of immigrants into the United States, the case (as well as two others presenting the same question) was dismissed on Tuesday, at the request of the Biden administration and the opponents who sued over the rule.

UPDATED 12/02/2020—“The Ninth Circuit Court of Appeals on Wednesday ruled against the Trump administration’s controversial ‘public charge’ rule that critics say has a chilling effect on immigrants who may need to seek medical assistance, marking the latest blow against the regulation.

In Wednesday’s 2-1 ruling, the Ninth Circuit concluded that the rule causes financial harm to states and doesn’t promote self-sufficiency as the administration has suggested. The panel also argued that the administration failed to explain the abrupt change in policy.”

UPDATED 11/05/2020—The 7th Circuit federal appeals court has put the November 2 district court ruling on hold, as the government appeals. That means the on-again, off-again public charge rule is on again, at least until the next court ruling.

UPDATED 11/02/2020—The federal district court for the Northern District of Illinois overturned the latest public charge rule for immigrants. The court ruled in Cook County, et al. v. Wolf, et al. that the newest public charge rule violates the Administrative Procedure Act (APA), exceeds the Department of Homeland Security’s (DHS) authority, is not in accordance with law, and is arbitrary and capricious.

The court’s decision takes effect immediately. That means that nationwide, DHS must immediately stop applying the revised public charge rule as of today, November 2, 2020. The court refused to stay its decision pending appeal.

Legal challenges to the newest public charge rule began as soon as it was published, with courts in different states issuing conflicting temporary injunctions. Today’s order is a final ruling on the merits of the case. The government is almost certain to appeal the ruling.

UPDATED 8/13/2020—Two weeks ago, on July 29, the U.S. District Court for the Southern District of New York issued a nationwide preliminary injunction in a case called New York et al v. Department of Homeland Security et al,  blocking the Department of Homeland Security (DHS) from enforcing the Trump administration’s new public charge rule during the period of the declared public health emergency related to the COVID-19 pandemic. Yesterday evening, a judge on the 2nd Circuit narrowed the district court’s order by indicating that the injunction will apply only within the states in the 2nd Circuit (New York, Connecticut and Vermont). 

For now, the DHS public charge regulations cannot be applied in those states but can be applied elsewhere, The decision to narrow the injunction in the New York case was by a single appellate judge. A 3-judge panel will likely review the motion for a stay at some point. 

The requests to place the DHS rule on hold during the pandemic are separate from the ongoing litigation on the rule. The cases challenging the merits of the DHS rule are continuing.  So far, the Second and Seventh Circuit courts have agreed with the District Courts that the rule is likely unlawful, while the Fourth Circuit court has disagreed. Similar cases will be argued in the Ninth Circuit in September.

Another case challenged the Department of State’s (DOS) rules. The District Court in New York issued a preliminary injunction blocking the DOS public charge rules, the 2018 revisions to the Foreign Affairs Manual (FAM) and the President’s Health Insurance Proclamation. This preliminary injunction is still in effect nationwide.  

UPDATED 8/10/2020—On July 29, 2020 a federal judge in New York granted a nationwide preliminary injunction that put the DHS public charge regulations on hold for the duration of the Coronavirus pandemic emergency.  In a second preliminary injunction, the judge put on hold indefinitely the State Department regulations, 2018 revisions to the  Foreign Affairs Manual instructions on public charge, and a presidential proclamation that would restrict immigration to the United States by people who are uninsured and cannot pay the costs of their health care.  USCIS has announced that it will adjudicate applications under the 1999 public charge policies, and will not require applicants to file the Affidavit of Self-Sufficiency Form I-944 while its regulations are enjoined. Both orders could be reversed on appeal.

UPDATED 4/30/2020— On August 14, 2019, the Department of Homeland Security posted the final public charge rule. On January 27, 2020, the U.S. Supreme Court allowed the new rule to take effect while lawsuits challenging the rule are going through the courts. The administration began applying the rule on February 24, 2020. ILCM clients worried about how this rule would impact them should contact their attorney at 651-641-1011. Non ILCM clients should call Mid-Minnesota legal aid (MMLA helpline fact sheets found below in ‘Where to Call for Legal Advice’) to speak with immigration and benefits attorneys between 9 am and 4 pm at 1-800-292-4150.

Follow this link for background information on the “public charge” policy changes regarding admissibility of immigrants as proposed on October, 10, 2018.

ILCM provides informational presentations about the public charge rule. Follow this link if you are interested in requesting a presentation.

Where to Call for Legal Advice

ILCM Clients:
Contact your attorney at 651-641-1011

Non-ILCM Clients:

Information for People Affected (Beneficiaries)


Resources for the Community


Background Information and Materials