Biden administration rules public benefits should not impact immigrants’ legal status News
© WikiMedia (U.S. Department of Homeland Security (DHS))
Biden administration rules public benefits should not impact immigrants’ legal status

The Biden administration Thursday finalized a rule to undo a rule implemented by the Trump administration that prevented noncitizens from accessing public benefits. According to the Department of Homeland Security, the rule will restore the “historical understanding of a ‘public charge’ that had been in place for decades, until the prior Administration began to consider supplemental public health benefits such as Medicaid and nutritional assistance as part of the public charge inadmissibility determination. “

Under Section 212(a)(4) of the Immigration and Nationality Act (INA) a noncitizen can not be granted citizenship if they are “likely at any time to become a public charge.” The Biden administration’s rule will undo the difficulties that the Trump administration rule placed on immigrants in obtaining status if they were receive public benefits such as food stamps.

Secretary of Homeland Security Alejandro N. Mayorkas, said the Biden administration “will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them.” Ur M. Jaddoua, U.S. Citizenship and Immigration Services Director, commented that the rule will “work to break down barriers in the immigration system, restore faith and trust with our immigrant communities, and eliminate excessive burdens in the application process.” 

The final rule will go into effect on December 23, 2022.

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