While the U.S. public-charge rule has existed since the 1990s, the new version recently published has far-reaching implications for immigrant and international students and their families.
The rule requires individuals seeking to enter the U.S. either as immigrants or nonimmigrants to show they are self-sufficient and will not require public resources, including government benefits such as welfare, for support. In the new version, U.S. Department of Homeland Security (DHS) has expanded the definition of “public charge” to include non-cash public benefits.
“That’s a major change,” said immigration attorney Allen Orr, Jr. “It could be books. It could be a housing stipend. It could be any number of things that are not specifically cash.”
The rule defines “public charge” as someone who has received one or more designated public benefits for more than 12 months within any three-year period. These would include, but not be limited to, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid and certain housing programs.
“Colleges and universities have, especially recently, been trying to connect students with public benefits programs like SNAP,” said Dr. Miriam Feldblum, executive director of the Presidents’ Alliance on Higher Education and Immigrants, an organization that brings together college and university leaders dedicated to increasing public understanding of how immigration policies and practices impact students.
“Colleges and universities have been told, ‘You need to do more to help those students that are experiencing food insecurity be connected to these programs,’” said Feldblum.
“What the ‘public charge’ has already shown just by the prospect of it and now what it will do is make immigrant students ever more cautious, making the decision to be ‘better safe than sorry’ and not participate in those programs even when they’re eligible to do so,” she added. “That will affect them and members of their families.”
