The National Housing Law Project (NHLP) held a webinar, “Trump Administration's Proposed ‘Public Charge’ Rule: What Housing and Homelessness Advocates Should Know,” on November 8. The U.S. Department of Homeland Security (DHS) proposes to add to the “public charge” definition the Section 8 Housing Choice Voucher, Section 8 Project-Based Rental Assistance, and Public Housing programs, as well as other non-housing programs. The webinar recording and materials are available at: https://bit.ly/2zNUhFB
DHS has proposed changes to the criteria used to determine whether someone is a “public charge” – i.e., someone likely to become primarily dependent on the government for subsistence. Under the proposed rule, public charge status would weigh heavily in determining whether noncitizens seeking admission to the U.S., noncitizens applying for lawful permanent resident status (green card), or those seeking an extension of or changes to their non-immigrant status are subject to a review to determine whether they are, or might be, a public charge.
Currently, three programs are covered under the public charge policy: Temporary Assistance for Needy Families, Supplemental Security Income, and emergency-Medicaid. In addition to the housing programs mentioned above, the proposed rule would add to the definition of public charge the Supplemental Nutrition Assistance Program (SNAP, or food stamps), non-emergency Medicaid, the Medicare Part D Low Income Subsidy, and institutionalization for long-term care at government expense.
NHLP and the National Law Center on Homelessness and Poverty (NLCHP) have drafted a template comment letter for housing advocates and housing providers. To access the template, please email Arianna Cook-Thajudeen at: acooktha@nhlp.org
Other public charge and housing resources, including fact sheets and talking points, are available here.
The deadline to submit comments on the proposed public charge rule is December 10. NLIHC urges housing advocates to use the template to submit comments tailored to your community.