November 8th, 2018
On October 10, 2018, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking titled “Inadmissibility on Public Charge Grounds” (83 FR 51114) (the “Notice”). The Notice proposes to expand the basis upon which a non-citizen seeking adjustments to their residency or visa status are likely to become a “public charge.”
Currently, a “public charge” is defined as an individual who is “primarily dependent on the government for subsistence,” as demonstrated by the individual’s receipt of certain public cash assistance or long-term institutionalized care at the government’s expense. The Notice proposes to expand the list of benefits considered in the public charge analysis to include, among other things, public housing, Section 8 Housing Choice Vouchers, and Section 8 Project Based Rental Assistance. In other words, receiving federal housing assistance could negatively impact a non-citizen program participant’s visa status. View the National Housing Law Project's (NHLP) Proposed Public Charge Rule 'Technical' Fact Sheet.
Comments to the proposed rule are due December 10, 2018.
CLPHA plans to submit comments to the Notice and seeks feedback from members regarding the comments. A members-only call is scheduled.