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Capitol Correspondence - 09.13.22

DHS Issues Final Public Charge Rule

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The U.S. Department of Homeland Security (DHS) issued a final rule applicable to noncitizens who receive or wish to apply for state and federal benefits. This rule is known as the “public charge” rule because it is used to determine whether noncitizens are inadmissible to the United States due to the likelihood that they may become reliant on government assistance.

The rule codifies into regulation the “totality of the circumstances” approach, making it clear that individual factors, such as a person’s disability, will not lead to a public charge determination that could jeopardize their immigration status. The final rule explicitly makes reference to home and community-based services and clarifies that DHS will not consider an individual’s receipt of home and community-based services in public charge determinations.