Administration’s “Public Charge” Rule [Temporarily?] Blocked

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Last week federal judges in several states issued temporary injunctions against the Trump administration’s “public charge” rule, preventing it from taking effect. The rule was set to take effect this week.

The “Public Charge” final rule, which was posted on August 14, 2019 to the Federal Register, amended Department of Homeland Security (DHS) regulations regarding how an application for legal immigration into this country would be assessed, expanding the government’s ability to deny entry based on the possible future use of services like Medicaid. The “Public Charge” rule stated that determinations can include whether the applicant “is likely at any time to become a public charge,” or rely on public benefits.

The rule broadened the programs that the federal government could consider in public charge determinations to include previously excluded health, nutrition, and housing programs, and outlined the factors the federal government would consider in making a public charge consideration.

In December 2018, the Center for Medicare Advocacy submitted comments to the proposed “Public Charge” rule, expressing strong opposition. The Center for Medicare Advocacy is also proud to be one of over 1,100 organizations that signed on to a statement in opposition to the proposed “Public Charge” rule. The Center applauds these court rulings.

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