DHS will no longer pursue litigation related to implementation of the Public Charge Ground of Inadmissibility

Pursuant to Executive Order 14012 directing the Secretary of Homeland Security to review the actions of DHS related to the implementation of the public charge ground of inadmissibility, DHS has determined that continuing the defend the final rule (Inadmissibility on Public Charge Grounds, aka “2019 Rule”) is neither in the public interest nor an efficient use of limited government resources. As such, the Department of Justice will no longer pursue litigation of judicial decisions invalidating or enjoining enforcement of the 2019 Rule.

Once the previously entered judicial invalidation of the 2019 Rule becomes final, the 1999 interim field guidance on the public charge inadmissibility provision will apply (e.g., the policy that was in place prior to the 2019 Rule). Under the 1999 interim field guidance, DHS will not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination. In addition, medical treatment or preventive services for COVID-19, including vaccines, will not be considered for public charge purposes.