Updated as of November 4, 2020: public charge rule can now be IMPLEMENTED NATIONWIDE.
On Wednesday November 4, the Seventh Circuit Court of Appeals stayed (reversed) an earlier federal court decision ending the Department of Homeland Security’s public charge rule. DHS can implement the new public charge rule for applications filed in the US.
Multiple lawsuits against the public charge rule are still making their way through federal courts, so things could change yet again. The Department of State’s public charge rule and the President’s Proclamation on Health Insurance are still blocked from going into effect.
- It is safe and smart to see the doctor if you need care. Your doctor is required to honor your right to privacy. You do not need to share any information about your immigration status unless you apply for Medicaid or other health coverage.
- You can still see a doctor without medical insurance. This includes care you receive in the emergency room, at community and migrant health centers, free clinics and public hospitals. ICHS will provide health care to all, regardless of insurance status or ability to pay.
If you are concerned about your use of health, nutrition, or housing programs and services, you should speak with an immigration attorney or Bureau of Immigration Affairs-accredited representative.
February 24 ruling
- On February 24, 2020, changes to the public charge rule went into effect for people applying for legal permanent residency (“green cards”) or certain visas, whether their applications are processed inside or outside the U.S.
- Newly-named public benefits that were used on or before February 24, 2020 WILL NOT be counted against a visa or green card applicant.
About public charge
“Public charge” is a test used by immigration officials to determine if an individual is likely to become primarily dependent on the government for support in the future. An individual can be denied a visa or lawful permanent residency (a “green card”) if they do not “pass” the public charge test. The public charge test is only used when:
- A person is applying to enter the US;
- A person is applying for a visa or green card from inside the US; or
- A green card holder has left the US for 180 consecutive days (6 months) and is applying to re-enter the US.
Some immigrants, including refugees, asylum seekers, and many humanitarian visa holders, are exempt from this policy.
ICHS sees recent changes to the public charge rule creating increased barriers for people immigrating to the United States. It is also leading to decreased participation in Medicaid, nutrition and social services. Our communities and cities are most vibrant when people have adequate food, health care and housing opportunities that allow them to be fully productive and creative. We all lose something when our neighbors and friends forgo basic services out of fear.
FAQS during the COVID-19 crisis
This document from Protecting Immigrant Families provides answers to frequently asked questions about public charge implications for families who are seeking public programs during the Covid-19 crisis.
know your rights
Download information from Protecting Immigrant Families to get the facts, make a plan and share with others.
Find out if public charge applies to you
Amharic – ሕዝባዊ ክፍያ፡ ይህ በእኔ ላይ ተፈጻሚነት አለው?
Arabic – المنافع العامة : هل تنطبق علي ؟
Chinese (Simplified) – 公共负担 : 这对我是否适用 ?
French – Charge publique: suis-je concerné?
Hindi – पब्लिक चार्ज : क्या यह मुझ पर भी लागू होता है ?
Korean – 공적 부조: 저도 적용 대상입니까?
Oromo – Gargaarsa Mootummaa: Kun Ana Ni Ilaallataa?
Russian – Государственное Попечение: Это Относится Ко Мне?
Somali – Qarashka Dawladu Bixiso: Arintaas Anigga Ma I Quseysaa?
Spanish – Carga pública: ¿Aplicaenmi caso?
Tagalog/Filipino – Pampublikong Pananagutan: Nalalapat ba ito sa akin?
Tigrinya – መንግስታዊ ደገፍ፥ እዚ ንዓይ ይምልከተኒ ድዩ፧
Ukrainian – Чи Стосується Мене Програма Public Charge (Державне Утримання)?
Vietnamese – Chính Sách Gánh Nặng Công Cộng: Điều Này Có Áp Dụng Với Tôi Không?
The public charge rule does NOT include
- Community health center sliding fee scale
- Advanced Premium Tax Credits used to purchase Qualified Health Plans
- Children’s Health Insurance Program (CHIP)
- Supplemental Nutrition Program for Women, Infants and Children (WIC)
- Child care and development
- Disaster relief
- Earned Income Tax Credit (EITC
- Emergency medical assistance
- Employment and job-training
- Federal student financial aid
- Food banks
- Head Start
- Low-Income Home Energy Assistance Program (LIHEAP)
- Medicare Part D low-income subsidy
- National school breakfast and lunch programs
- Pell grants
- Benefits received by immigrant’s family members
- Any other benefit not specifically listed in the rule
Free resources and legal advice
If you have questions about your individual situation or the use of specific public benefits and programs, you should speak with an immigration attorney or Board of Immigration Appeals-accredited representative. Following are free resources:
- Click here for City of Seattle FAQ (Updated March 2020)
- Eastside Legal Assistance Program (Eastside residents only): 425-747-7274
- Click here for Seattle-King County Immigrant Legal Defense Network
- Asian Counseling & Referral Service: 206-695-7600
- Northwest Immigrant Rights Project: 206-816-3870
- West African Community Council: 206-636-9882
- Entre Hermanos (focus on LGBTQ individuals): 206-322-7700
- Northwest Justice Project CLEAR Hotline:
- Inside of King County, weekdays 8am-6pm: 2-1-1
- Outside of King County, weekdays between 9:15am-12:15pm: 1-888-201-1014
- Seniors age 60+ statewide: 1-888-387-7111
Join others in resisting public charge
- Northwest Justice Project CLEAR Hotline: