Officials propose ‘humane’ charge rule

The Biden administration is proposing what it calls a more “fair and humane” version of the “public charge” rule that would eliminate many of the barriers imposed by the Trump administration on noncitizens seeking to qualify for legal status who rely on public benefits.

The Department of Homeland Security (DHS) on Thursday proposed a much narrower definition of which public benefits an immigrant may potentially be dependent on, which the government can then use to determine whether that person should be lawfully admitted into the country.

The Biden administration said it aims to focus primarily on cash benefits. Unlike the Trump administration, the DHS said it no longer intends to consider noncash benefits, like food assistance, Medicaid benefits, the Children’s Health Insurance Program, housing benefits and transportation vouchers.

The Trump administration in 2019 expanded the definition of “public charge” to make it much easier for immigration officials to deny entry or legal status to people likely to rely on government assistance.

“The 2019 public charge rule was not consistent with our nation’s values,” DHS Secretary Alejandro Mayorkas said in a statement. “Under this proposed rule, we will return to the historical understanding of the term ‘public charge’ and individuals will not be penalized for choosing to access the health benefits and other supplemental government services available to them.”