Courts Block Trump Changes to “Public Charge” Rule From Going Into Effect Oct. 15, 2019
In the days leading up to October 15, 2019, when the Department of Homeland Security’s fina “public charge” rule was scheduled to go into effect, eight federal courts issued “preliminary injunctions” barring the law from going into effect. Four injunctions are nationwide, including two issued in New York, and four are regional. For a status of all of the litigation and links to the briefs and orders click here.
The court order in New York, reported in the New York Times, was issued in a case brought by New York City, the States of New York, Connecticut and Vermont, as well as in a related suit brought by the non-profit organizations Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services, and Catholic Legal Immigration Network, Inc.
The proposed changes now barred from going into effect would change the definition for deciding whether an immigrant who receives Medicaid or other government benefits is considered a “public charge” — which can result in denial of Lawful Permanent Resident status (green card), denial of an extension of a non-immigrant visa, deny a change of non-immigrant status (e.g., from a student visa to an employment visa), or deny admission to the U.S.
Please see these fact sheets and web sites of State, local an national organizations for more information about these rules:
A few take aways – but see more in the fact sheets and websites above:
Certain immigrants –such as refugees, asylees, survivors of domestic violence, Temporary Protected Status (TPS), and other protected groups –are not subject to public charge determinations and are not affected by this proposed rule. Public charge is also not a consideration when lawful permanent residents (green card holders) apply to become U.S. citizens. See NYS DOH Letter.
Before, only receipt of cash assistance (public assistance and SSI) and Medicaid for nursing home care were considered in determining who is likely to become a “public charge.” The rule will now also include these new benefits, but only when received after Oct. 15, 2019:
Medicaid (federally funded only – see note below re State PRUCOL Medicaid in NYS)(with limited exceptions for pregnant women and children and emergency Medicaid for undocumented immigrants) – The rule will not consider treatment of an emergency medical condition as constituting a public charge.
Supplemental Nutrition Assistance Program (SNAP);
Housing assistance, such as public housing or Section 8
Medicaid in NYS — (Correction 8/27/19) Immigrants who are not Lawful Permanent Residents but who reside in NYS with the knowledge and acquiescence of the government are eligible for considered PRUCOL and are eligible for state-funded health insurance. See this article.
Many PRUCOL immigrants are in the Essential Plan, not in Medicaid. The Essential Plan covers most health benefits but not long-term care. The Essential Plan will not be considered in the public charge determination.
Since the Essential Plan does not cover long-term care, seniors and people with disabilities who are PRUCOL and who need long-term care must receive Medicaid instead. While receipt of STATE-funded Medicaid alone will not be counted in the public charge determination, people receiving home care or other long-term care services may still be denied based on the totality of their circumstances. Under the new rules, having a serious health condition and no private insurance or means for support weighs heavily against an applicant. See New York State of Health Medicaid and Public Charge QAs (8/16/19).
Medicaid and other benefits received by an immigrant’s family members will not be considered (though since many people won’t know that, there will be a chilling effect deterring many family members from receiving crucial health, income, housing and food assistance).
The rule will not be retroactive. This means that benefits — other than cash assistance or long-term care at government expense — that are used before the rule is final and effective (whenever that is, will not be considered in the public charge determination.
FOR HELP: CONTACT THE New York State New Americans Hotline for a referral to an organization to advise you. 212-419-3737 See this link about the NYS Office for New Americans.
Monday-Friday, from 9:00 a.m. to 8:00 p.m.
Saturday-Sunday, from 9:00 a.m. to 5:00 p.m.
Or call toll-free in New York State at 1-800-566-7636
New York’s Exchange Portal: A Gateway to Coverage for Immigrants, published 9/14/15, by Empire Justice Center reviews current rules on eligibility and describes how immigrants can access health care through NYSof Health portal, including for emergency care for those who are undocumented and not PRUCOL.
The Community, Migrant & Homeless Health Center Handbook on an Immigrant Eligibility for Publicly Funded Health Care Benefits written by Empire Justice Center’s senior staff attorney Barbara Weiner, in collaboration with CHCANYS (the Community Health Care Association of New York State) and the Immigrant Eligibility Coverage Workgroup, is available here. (LINK WILL BE UPDATED)
Click here for an interactive Marketplace eligibility questionnaire, designed to help enrollment assistors and consumers better assess their potential eligibility for Marketplace coverage based on immigration status, age and income. This questionnaire is not an official assessment of eligibility. To receive an official determination of eligibility contact the New York State of Health Marketplace at http://www.nystateofhealth.ny.gov or 1-855-355-5777
- This tool was created jointly by the Children’s Defense Fund – New York, the Empire Justice Center, and the Community Service Society through their work in the Health Care for All New York coalition.
Note – please see 2013 updates re PRUCOL status for people applying for or granted DACA status in this article.