9111-97 DEPARTMENT OF HOMELAND SECURITY 8 …

1 The following is the text of the proposed rule that the Secretary signed on September 21, 2018. The official version of this document will publish in the Federal Register and be available at The comment period will open on the date of the official version s publication in the Federal Register. 1 9111-97 DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 103, 212, 213, 214, 245 and 248 [CIS No. 2499-10; DHS Docket No. USCIS-2010-0012] RIN 1615-AA22 Inadmissibility on Public Charge Grounds AGENCY: Citizenship and Immigration Services, DHS ACTION: Notice of proposed rulemaking. SUMMARY: The DEPARTMENT of HOMELAND SECURITY (DHS) proposes to prescribe how it determines whether an alien is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act (INA) because he or she is likely at any time to become a public charge.

2 Aliens who seek adjustment of status or a visa, or who are applicants for admission, must establish that they are not likely at any time to become a public charge, unless Congress has expressly exempted them from this ground of inadmissibility or has otherwise permitted them to seek a waiver of inadmissibility. Moreover, DHS proposes to require all aliens seeking an extension of stay or change of status to demonstrate that they have not received, are not currently receiving, nor are likely to receive, public benefits as defined in the proposed rule. DHS proposes to define public charge as the term is used in sections 212(a)(4) of the Act.

3 DHS also proposes to define the types of public benefits that are considered in public charge inadmissibility determinations. DHS would consider an alien s receipt of public benefits when such receipt is above the applicable threshold(s) proposed by DHS, either in terms of dollar value or duration of receipt. DHS proposes to clarify that it will make public charge The following is the text of the proposed rule that the Secretary signed on September 21, 2018. The official version of this document will publish in the Federal Register and be available at The comment period will open on the date of the official version s publication in the Federal Register.

4 2 inadmissibility determinations based on consideration of the factors set forth in section 212(a)(4) and in the totality of an alien s circumstances. DHS also proposes to clarify when an alien seeking adjustment of status, who is inadmissible under section 212(a)(4) of the Act, may be granted adjustment of status in the discretion of DHS upon the giving of a public charge bond. DHS is also proposing revisions to existing USCIS information collections and new information collection instruments to accompany the proposed regulatory changes. With the publication of this proposed rule, DHS withdraws the proposed regulation on public charge that the former Immigration and Naturalization Service (INS) published on May 26, 1999.

5 DATES: Written comments and related material to this proposed rule, including the proposed information collections, must be received to the online docket via , or to the mail address listed in the ADDRESSES section below, on or before [INSERT DATE 60 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: You may submit comments on this proposed rule, including the proposed information collection requirements, identified by DHS Docket No. USCIS-2010-0012, by any one of the following methods: Federal eRulemaking Portal (preferred): Follow the website instructions for submitting comments.

6 Mail: Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, Citizenship and Immigration Services, DEPARTMENT of HOMELAND SECURITY , 20 Massachusetts Avenue NW, Washington, DC 20529-2140. To ensure proper handling, please reference DHS Docket No. USCIS-2010-0012 in your correspondence. Mail must be postmarked by the comment submission deadline. The following is the text of the proposed rule that the Secretary signed on September 21, 2018. The official version of this document will publish in the Federal Register and be available at The comment period will open on the date of the official version s publication in the Federal Register.

7 3 FOR FURTHER INFORMATION CONTACT: Mark Phillips, Residence and Naturalization Division Chief, Office of Policy and Strategy, Citizenship and Immigration Services, DEPARTMENT of HOMELAND SECURITY , 20 Massachusetts NW, Washington, DC 20529-2140; telephone 202-272-8377. SUPPLEMENTARY INFORMATION: Table of Contents I. Public Participation II. Executive Summary A. Major Provisions of the Regulatory Action B. Costs and Benefits III. Purpose of the proposed Rule A. Self-Sufficiency B. Public Charge Inadmissibility Determinations IV. Background A. Legal Authority B. Immigration to the United States C.

8 Extension of Stay and Change of Status D. Public Charge Inadmissibility 1. Public Laws and Case Law 2. Public Benefits under PRWORA (a) Qualified Aliens (b) Public Benefits Exempt under PRWORA 3. Changes under IIRIRA 4. INS 1999 Interim Field Guidance E. Public Charge Bond V. Discussion of proposed Rule A. Applicability, Exemptions, and Waivers 1. Applicants for Admission 2. Extension of Stay and Change of Status Applicants 3. Adjustment of Status Applicants 4. Exemptions 5. Waivers B. Definition of Public Charge and Related Terms 1. Public Charge 2. Public Benefit (a) Types of Public Benefits (b) Consideration of Monetizable and Non-Monetizable Public Benefits i.

9 "Primarily Dependent" Standard and Its Limitations The following is the text of the proposed rule that the Secretary signed on September 21, 2018. The official version of this document will publish in the Federal Register and be available at The comment period will open on the date of the official version s publication in the Federal Register. 4 ii. Fifteen Percent of Federal Poverty Guidelines (FPG) Standard for Monetizable Benefits iii. Twelve Month Standard for Non-Monetizable Benefits iv. Combination of Monetizable Benefits under 15 percent of FPG and One or More Non-Monetizable benefits (c) Monetizable Public Benefits i.

10 Supplemental SECURITY Income (SSI) ii. Temporary Assistance for Needy Families (TANF) iii. General Assistance Cash Benefits iv. Supplemental Nutrition Assistance Program (SNAP) v. Housing Programs a. Section 8 Housing Choice Voucher Program b. Section 8 Project-Based Rental Assistance (d) Non-Monetizable Public Benefits i. Medicaid a. Description of Program b. Exceptions for Certain Medicaid Services c. Exception for Receipt of Medicaid by Foreign-Born Children of Citizens ii. Institutionalization for Long-Term Care iii. Premium and Cost Sharing Subsidies under Medicare Part D iv.