The DHS has not yet announced when the new rule will take full effect.

“The fear that the administration’s inconsistent and harsh policies have created puts whole families at risk of neglecting basic needs to be healthy, successful in school and productive, in order to keep their families united,” said Anne Dunkelberg, Associate Director of the Center for Public Policy Priorities in Austin. “We call on all Texans of conscience to help reassure our neighbors that their children remain valued community members and need food, housing, and health care to fulfill their potential.”

Until the courts fully resolve the legal challenges to this damaging rule change, the eligible U.S. citizen children and family members in Texas can continue to get public benefits for which they qualify. These include health care from Medicaid and the Children’s Health Insurance Program (CHIP), help with healthy food from the Supplemental Nutrition Assistance Program (SNAP), and housing assistance of various forms.

While the new ‘public charge’ policy is confusing, use of benefits by an eligible family member will not stop another relative who is in the U.S. from getting a green card or becoming a U.S. citizen. Immigrants seeking lawful entry from outside the U.S. at a Consulate should seek qualified legal advice about their family members’ use of public benefits.

What is the “public charge” rule?
Since 1999, only total reliance on government cash assistance or total reliance on government institutional care (such as a nursing home) would exclude a prospective immigrant from a pathway to citizenship. Such total reliance classified these new Americans as a “public charge.”

The new rule is much more restrictive. The expanded “public charge test” would also consider whether the applicant has used, or is likely to use specific benefits in the future. These are: Federal, state, local and tribal Cash Assistance; (SNAP, formerly known as food stamps); Public Housing or Section 8 Housing Vouchers and Rental Assistance; or adult Medicaid. Note that only these benefits listed above would be added to the public charge test, and ONLY if used by the actual person seeking a green card.

Important things to remember:

• Medicaid use for emergency services, for pregnant women and new mothers, or for children under age 21 will not count against immigration applicants.

• The use of the Women, Infants and Children (WIC) Program, CHIP, school meals, Head Start, and other programs are not affected by this rule, and families should stay enrolled in these important programs.

For more details, read points 5-10 of this blog post.