The DHS hasproposed a new “fair and humane” Public Charge rule meant to clarify its existing policy. The proposedrule is very similar to the current policy, but refines the forms of aidconsidered under the test.

Unlike theDHS’s 2019 attempt to enact a Public Charge rule intended to restrictimmigration, the new proposal should not create additional hurdles forimmigrants. Under the new proposal, only four specific forms of public assistancewould be considered in a Public Charge determination:

  • Supplemental Security Income (SSI);
  • Cash assistance for income maintenance under theTemporary Assistance for Needy Families (TANF) program;
  • State, Tribal, territorial, and local cash assistancefor income maintenance; and
  • Long-term institutionalization at governmentexpense. 

The DHSspecifically excludes from the proposed rule:

  • Supplemental Nutrition Assistance Program (SNAP);
  • Children’s Health Insurance Program;
  • Most Medicaid benefits (except for long-terminstitutionalization at government expense;
  • Housing benefits;
  • Transportation vouchers;
  • Disaster assistance received under the StaffordAct;
  • Pandemic assistance;
  • Benefits received via a tax credit or deduction;
  • Social Security, government pensions, or otherearned benefits.   

Additionally,specific categories of noncitizens would be exempted from public charge groundinadmissibility under the proposed rule, including:

  • Refugees and asylees;
  • TPS;
  • Special immigration juveniles;
  • T and U nonimmigrant;, and
  • Self-petitioners under the Violence Against WomenAct (VAWA).