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The New Public Charge Rule and its Implications

2020

After a lengthy comment process and the litigation of several preliminary injunctions attempting to block its implementation, the Department of Homeland Security’s new “public charge rule” is currently in effect in all states. With the COVID-19 pandemic and accompanying economic downturn resulting in increased demand for services offered by Community Action Agencies (CAAs), CAPLAW has developed the following FAQ to inform CAAs and their clients about how a client’s receipt of certain public benefits under the rule may impact their future immigration status. This resource addresses who is covered by the rule, how officials determine whether an individual is likely to become a public charge, and what effect a public charge determination may have on an individual’s green card application. This FAQ is not authorized or approved by the federal Office of Community Services or the Department of Homeland Security (DHS) and does not constitute legal advice.

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