Senate passes resolution to overturn Biden administration rule that does not penalize immigrants for receiving government benefits
/On May 17, 2023, The Senate passed a resolution overturn a Biden administration immigration rule that eliminates potential hurdles for immigrants using some public benefits and trying to obtain legal status, known as “public charge.” Under the current rule, USCIS considers an applicant’s current and/or past receipt of public cash assistance for income maintenance. Public cash assistance for income maintenance includes only the following:
Supplemental Security Income (SSI);
Cash assistance under the Temporary Assistance for Needy Families (TANF) program; and
State and local cash assistance programs that provide benefits for income maintenance (often called ‘‘General Assistance’’ programs).
USCIS also considers an applicant’s institutionalization for long-term care at government expense, such as in a nursing home or mental health institution. USCIS does not consider noncash benefits in making public charge determinations. The only noncash benefit considered in a public charge determination is long-term institutionalization at government expense. USCIS also does not consider special-purpose cash assistance that is not intended for income maintenance. More information about the current public charge guidelines can be found here.
The resolution is an effort to return to the Trump administration policy, which made it more difficult for immigrants to obtain legal status if they applied for and received public benefits.
It is a joint resolution, meaning it would need to pass in the House as well before it can be sent to the President for signature, and the House has not yet voted on it. However, it is likely that the President will issue a veto if the resolution also passes in the House.
