Department of Homeland Security rule supported by previous administration no longer exists or applies

HOUSTON … On March 9, 2021, U.S. Citizenship and Immigration Services (USCIS) stopped applying the 2019 Public Charge Final Rule to all pending citizenship applications and petitions. President Biden and USCIS have decided that public charge will return to only examining “cash assistance that is intended to pay for ongoing living expenses like SSI or TANF and long-term institutional care paid for by Medicaid or another government program.” Therefore, individuals and families can apply for and accept help from programs such as Supplemental Nutrition Assistance Program (SNAP), Medicaid or other nutrition and housing assistance without fear.

Since 1999, “Public Charge” or the “public charge test” has been used by immigration officials to review visa and green card applications to see whether a person was likely to become dependent on public cash assistance or would need the government to otherwise pay for their long-term care.

In 2019, under the previous administration, the public charge test was expanded to include programs such as housing assistance and SNAP, and individuals had to prove that they would not need public benefits in the future. This change to public charge caused many families to fear applying for any help in case they would be identified and deported.

Effective March 9, 2021, the Department of Homeland Security issued a final rule that removed the DHS public charge regulatory text from the Code of Federal Regulations. Applying for or using SNAP, WIC or School Meals will no longer impact the ability to seek lawful residency or citizenship in the US. It also does not apply to refugees, asylees, many survivors of trafficking, domestic violence or other serious crimes and many other “humanitarian” immigrants. It does not impact those with green cards unless they leave the US for over 180 days and seek to re-enter.

“Houston Food Bank applauds the Biden administration for rescinding the 2019 public charge rule and stands ready to assist anyone in signing up for the nutrition assistance which they need to feed themselves and their families,” says Brian Greene, president/CEO of Houston Food Bank. “This change helps us to continue our mission to provide food for better lives.”

For more resources go to https://www.houstonimmigration.org/ or call 833-468-4664.

For those in need of food assistance, call Houston Food Bank helpline at 832-369-9390 or visit www.HoustonFoodBank.org.