On September 9, 2022, the Biden administration finalized a new ruling on the definition of “public charge” as it pertains to immigration under the Department of Homeland Security. This change actually restores the definition of “public charge” to its original meaning after the Trump administration broadened the criteria to be considered a public charge in 2019.
Here’s what this means and how it might affect your immigration case.
Changes To the Public Charge Rule During the Trump Presidency
The public charge rule is an established immigration law that allows some people to be denied entry into the U.S. or the ability to remain within its borders if it can be determined the individual would most likely become a public charge, or someone that is entirely or mostly reliant on financial assistance from the government to survive.
In 2019, then-President Trump expanded the definition of what makes an individual a public charge. The administration created a policy so broad that nearly half of all U.S. citizens would be considered public charges. This allowed the Department of Homeland Security and Immigrations and Customs Enforcement to force immigrants out of America that would otherwise be eligible to stay.
Biden Reverses Trump’s Changes To the Public Charge Rule
When President Biden took office in January 2021, his administration began work on reversing Trump’s changes to the public charge rule in what would ultimately end up being an effort spanning multiple years.
In a statement to the press, Department of Homeland Security Secretary Alejandro Mayorkas said that the agency 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.”
The Biden administration’s updates not only reverses the changes made by former President Trump, but they also further clarify and improve upon the original 1999 ruling.
Xiao Wang, CEO and Co-Founder of Boundless, describes how these changes benefit immigrants coming to America. “[Trump’s] policy worked to systematically keep families apart and it has no place in America, a nation built on the backs of immigrants,” he says. “The Biden Administration’s work to untangle the 2019 public charge rule is a great step toward creating a path for immigrants and their families to pursue the American dream.”
Get Help With Texas Immigration Law Today
If you need help with an immigration matter, don’t hesitate to get legal representation. Contact Texas immigration attorney Eluid Zavala today for a consultation by dialing (713) 766-6720 (Houston) or (713) 588-2132 (Greenspoint Park).