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Capitol Correspondence - 11.03.20

Court Blocks Public Charge Rule

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A federal district court issued a decision vacating nationwide a rule by the Department of Homeland Security, known as the public charge rule, effective immediately. While this means that the public charge rule is no longer in effect, the decision is expected to be quickly appealed.

As explained by our coalition partners at the Center for Public Representation, “The public charge rule puts in place a new test for people who are applying for visas or green cards. It looks at people’s health, including whether they have a disability, and whether they have used or might one day use public benefits, including Medicaid-funded home and community-based services on which many people with disabilities rely. Several courts have already found the rule illegally discriminates against people with disabilities.”

ANCOR commented in opposition to the rule when it was still in draft stage, sharing concerns about its effect on immigrants with disabilities or with children with disabilities.