Recap & Resources: Public Charge - What it Means for Patient Care
The Immigrant and Refugee Health Committee was pleased to host DFC’s September 2019 forum “The Public Charge Rule Change: What it Means for Patient Care” in collaboration with BakerRipley and the Houston Immigration Legal Services Collaborative. Experts on social service programs and immigration law shared data demonstrating the “chilling effect” the rule change has had on immigrant communities and explained how and to whom the rule change will apply when it takes effect. Together, healthcare providers, immigrant rights advocates, and community members discussed strategies for supporting immigrants when the rule change takes effect and how to best empower communities to advocate for their own and family member’s rights in an adversarial political climate. A brief summary of key learning and discussion points is below. For further information regarding the rule change or getting involved with efforts to support immigrant health, community members are encouraged to reach out to the Immigration and Health Committee at immigranthealth@doctorsforchange.org.
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Here is the list of resources from the presentations with handouts in both English and Spanish:
ProtectingImmigrantFamilies.org
- Comms Toolkit (op-ed, statements, social media)
- Community Materials
- CPCA.org/immigration
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Immigrant Legal Resource Center: www.ilrc.org/public-charge-outreach-toolkit
Catholic Legal Immigration Network, Inc: cliniclegal.org/public-charge
HILSC Website: www.houstonimmigration.org
Immigrant Rights Hotline: 1-833-468-4664 (HOU-IMMI)
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What is public charge and what does the rule change mean?
The “public charge test” is a metric used by immigration officials to determine if an individual applying to enter the United States or obtain legal permanent residency will be primarily dependent on governmental support; if an individual is deemed a public charge, their application may be denied. Previously, only cash assistance programs, such as SSI and TANF, and long-term care programs counted against an applicant. The rule change will allow immigration officials to consider usage of the Supplemental Nutrition Assistance Program (SNAP, “EBT”, or “Food Stamps”), Federal Public Housing and Section 8 assistance, Medicaid (except for emergency services, children under 21 years of age, pregnant women, and new mothers) and Cash Assistance programs (SSI, TANF, General Assistance) when evaluating a person as a potential “public charge”.
How and to whom does the rule change apply?
The rule change only affects individuals at the time of application for legal permanent residency (green card). The rule does NOT apply to and should not affect U.S. citizens, individuals who already have green cards, individuals with asylee or refugee status, individuals with U or T visas, or individuals with Temporary Protected Status or Special Immigrant Juvenile Status. Programs used by U.S. citizen children will NOT affect immigrant parents under the new rule change. Individuals with concerns about their current immigration status and how the rule applies to their specific case are encouraged to speak with an immigration lawyer for more information.
How does the rule change affect an individual’s ability to use a public benefit or social service program?
The rule change does NOT change current eligibility requirements for social service and ppublic benefit programs; individuals in need of public assistance can still apply for and receive benefits from programs for which they are eligible. Furthermore, the rule change has only expanded to include the programs previously listed. For example, the following programs are still available to those who need them and usage will NOT negatively impact an application for legal permanent residency:
- Emergency Medicaid services
- Medicaid services for children under 21 years old
- Medicaid for pregnant women and new mothers
- WIC
- CHIP
- School lunches
- Food banks
- Shelters
When do the rule changes take effect?
The rule change takes effect October 15, 2019 and will only affect applications for legal permanent residency submitted on or after this date. Usage of public benefit programs other than cash-assistance and long-term care prior to October 15, 2019 will not be considered in a new green card application and individuals who are currently in the process of applying for a green card will not have usage of public benefit programs other than long-term care or cash benefit programs counted against them.
What information can I share with patients, friends, or family members who may be concerned about the rule change?
- The rule change does not take effect until October 15, 2019. There is still time for a person to decide if they wish to continue using public benefit programs and usage prior to October 15, 2019 will not be affected by the change.
- The public charge rule only applies at the time a person wishes to enter the United States or when they are applying for legal permanent residency for the first time. Some immigrants with specific legal statuses, such as refugees and asylees, are exempt from the rule change. Finally, the rule change does not worsen the case for individuals who are already without a path to legal permanent residency or citizenship.
- The public rule change does not affect eligibility for public benefit and social service programs themselves. Individuals in need of assistance can still apply for and receive benefits.
- Every individual’s case is distinct. The general information laid out her is meant for education purposes only and is not meant to serve as legal advice. Individual’s concerned about the public charge rule’s affect on their individual case should contact an immigration attorney for more information.
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