DHS News

​Update: Former administration's Public Charge policy ending

The Biden Administration's has decided to withdraw its legal defense of the former administration's public charge policy. Here is some information from Protecting Immigrant Families. Understanding that the political and policymaking context will change rapidly over the next few months, this information is intended to help provide honest, productive responses to concerned families.

  • The Biden Administration has taken action to end the former administration's public charge policy.
  • Now that federal courts have dismissed the government's appeals, the former public charge policy is no longer in effect.
  • The long-standing 1999 “field guidance" will apply effectively immediately, making it safe for immigrants and their families to use health, nutrition and housing programs they qualify for.
  • It's safe and smart to see the doctor if you need care, or if you're worried that you may be sick.
  • The public charge test only applies to some programs and some immigrants.
      • It never applies to U.S. citizens, including the children of immigrants.
      • It doesn't apply to people with a green card either, or asylees, refugees or special domestic violence survivor visas.
      • A family member's use of public programs cannot affect their future immigration applications.
      • Testing, treatment, and preventive services for COVID-19 — including vaccines — are not part of public charge. Pandemic relief payment (stimulus checks) are also not part of public charge.
      • The use of health, nutrition, and housing programs cannot be considered in the public charge test.

Please read the Protecting Immigrant Families webpage​ for more information, or you can contact Antonio Torres, MPH, Office of Equity and Multicultural Services, Community Engagement Manager.



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