U.S. Department of Health & Human Services
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The Vice President directed all federal agencies that oversee these programs, including the Department of Health and Human Services, the Department of Agriculture, the Department of Justice, the Social Security Administration, and the State Department, to send guidance to their field offices, program grantees and to work with community organizations to educate Americans about this new policy. In response, HHS is sending letters out today notifying all of the department's program offices of the new guidance.

Under current law, before the INS or the State Department can admit someone as a legal permanent resident, they must determine that the person is not likely to become a "public charge," which is someone who is primarily dependent on the government for subsistence. The decision to grant permanent residency is based in part on this public charge determination.

"We have been concerned for quite some time about the confusion and fear in immigrant communities that accepting certain government benefits would jeopardize their ability to become legal U.S. residents," said HHS Deputy Secretary Kevin Thurm. "We're happy that we can clarify which benefits may, or may not, be considered in making 'public charge' determinations. It's especially important to assure access to health care for immigrants, so I am particularly pleased that virtually all health services and benefits--including Medicaid and Children's Health Insurance Program--are exempt from the 'public charge' test for admission, adjustment, or deportation."

The proposed rule would define for the first time which benefits an individual may use without fear of negative immigration consequences and specifies the various factors that must be considered before a public charge determination is made. A number of HHS programs and benefits have been proposed as being exempt from affecting an individual's immigrant status. They include, but are not limited to, Medicaid, CHIP, the Low-Income Home Energy Assistance Program (LIHEAP), child care services, and foster care and adoption assistance. Along with the proposed rule, the INS has published field guidance and the State Department has issued a cable, both of which are effective immediately, adopting the public charge definition described in the proposed rule until a final rule is published.

The INS and State Department have proposed to determine that the receipt of cash benefits for income maintenance purposes such as Supplemental Security Income (SSI), cash assistance under Temporary Assistance for Needy Families (TANF) or state cash welfare assistance programs, and the limited case of someone who needs Medicaid or a similar state program to pay for long-term care (nursing home or other institutionalized care), will be taken into account in public charge determinations.

Public charge mostly affects immigrants who do not yet have their "green card," which conveys Legal Permanent Resident (LPR) status. Immigrants granted LPR status no longer are subject to the public charge test unless they travel outside the U.S. for more than six months, which requires them to be "readmitted" to the U.S. There is no public charge test for LPRs who are trying to naturalize.

Refugees, asylees, Amerasians, Cuban/Haitian entrants, and Nicaraguans admitted under the Nicaraguan Adjustment and Central American Relief Act (NACARA) are all exempted from public charge determinations when they are admitted into the U.S.

Note: HHS press releases are available on the World Wide Web at: www.dhhs.gov.