Biden Administration Ends 2019 Public Charge Rule

Apicha Community Health Center Mar 12, 2021  

Public charge rule end

The Biden Administration announced on March 9, 2021 that it will no longer defend the 2019 public charge rule, a policy that made the green card process for immigrants difficult. Department of Homeland Secretary Alejandro N. Mayorkas cited the rule is neither in the public interest nor an efficient use of limited government resources.

“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary Mayorkas. “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”

In addition, the Department of Justice will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 public charge rule. The department dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit.

Prior to the administrations decision, over 500 nonprofits affiliated with the Protecting Immigrant Families campaign urged the Biden administration to end the Trump-era public charge rule.

“While there is much community education, outreach and policy advocacy work ahead of us to ensure our communities, neighbors and families can, and do, feel safe in accessing critical human service programs, especially during COVID-19, this is a critically important day for us to collectively celebrate and uplift the voices of our immigrant families,” said Juliet K. Choi, president and CEO of Asian and Pacific Islanders American Health Forum. “This was truly a collective effort. We extend our gratitude to the litigators and parties who fought the rule in the courts, and the advocates and community organizers who ensured the whole of our communities were heard and protected.”

What this means for you

Applicants and petitioners should not provide information or evidence related solely to the Public Charge Final Rule. That means that applicants for adjustment of status should not submit Form I-944, Declaration of Self Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If an applicant or petitioner already provided information related solely to the Public Charge Final Rule, and USCIS adjudicates the application or petition on or after March 9, 2021, USCIS will not consider any information that relates solely to the Public Charge Final Rule, including, for example, information provided on Form I-944, evidence or documentation submitted with Form I-944, or information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3). Any other information received will be evaluated consistent with the statute, regulations, and policies in effect at the time of adjudication.

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required under the Public Charge Final Rule, including but not limited, to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide that information. However, you do need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will issue another RFE or NOID.

You can learn more about public charge and green card policy and procedures here. 


Ready to take action about your health?
 request an appointment

Subscribe For Updates

What's the Difference Between Nonbinary & Genderqueer?

What's the Difference Between Nonbinary & Genderqueer?

Understanding different identities can be difficult, but it's also incredibly important. And for...
Early Signs of HIV

Early Signs of HIV

Early HIV is the beginning stage of HIV disease, right after HIV infection occurs.
How to Support Someone Who is Transitioning

How to Support Someone Who is Transitioning

Making the choice to transition is a big milestone. Whether it’s your partner, a friend, or anyone...
Gay Sex & Primary Care: What You Need To Know

Gay Sex & Primary Care: What You Need To Know

  Some of the many ways Apicha Community Health Center (CHC) has served New York City’s LGBT...
Transgender Sexual Health Guide: Safer Sex

Transgender Sexual Health Guide: Safer Sex

When it comes to sex, there’s a serious lack of resources available to transgender people that...
How to Celebrate Hispanic Heritage Month in 2021

How to Celebrate Hispanic Heritage Month in 2021

Each year, from September 15 to October 15, Hispanic and Latinx communities in the United States...
7 More COVID-19 Vaccine Myths Debunked

7 More COVID-19 Vaccine Myths Debunked

It's more important than ever to get vaccinated against COVID-19 in order to protect yourself, your...
8 COVID-19 Vaccine Myths Debunked

8 COVID-19 Vaccine Myths Debunked

It's more important than ever to get vaccinated against COVID-19 in order to protect yourself, your...
What is a Physical Exam?

What is a Physical Exam?

August is National Wellness Month, and we are highlighting one of the most essential ways to stay...
The 3rd COVID-19 Vaccine Dose: What to Know

The 3rd COVID-19 Vaccine Dose: What to Know

The CDC has announced the third shot of COVID-19 vaccines is now available for moderate to severely...