Regulatory Analysis | Feb 26, 2020

Public Charge Rule

On August 14, 2019, the Department of Homeland Security (DHS) published a final rule, Inadmissibility on Public Charge Grounds. The rule makes significant changes to the standards DHS will use to determine whether an immigrant is likely to become a “public charge”—a person dependent on the government for support—which will make it more difficult for certain immigrants to obtain lawful permanent residence (a green card) in the US. Although the rule was originally scheduled to take effect in October 2019, multiple preliminary injunctions issued by federal courts across the country temporarily blocked the rule. As a result of decisions by the Supreme Court, the rule went into effect nationwide on February 24, 2020. Because litigation is ongoing, the status of the rule could change once again in the months ahead. Individuals whose application for a visa or green card is processed outside the U.S. are subject to Department of State (DOS) public charge rules, which DOS has aligned with the new DHS standards. Individuals with questions about their specific situation should consult an immigration attorney.

State Health and Value Strategies, in partnership with Manatt Health, has developed a variety of resources for states regarding the revised public charge rule and implications for states. We will continue to update this page with new resources as they become available. If you have materials you are willing to share with other states through this page, please contact Sally Mabon

State Health and Value Strategies Resources

Public Charge Final Rule: Frequently Asked Questions. This document provides answers to frequently asked questions about whom the rule will impact, what benefits are implicated by the rule, and how the rule might be administered.

The Department of Homeland Security Begins Implementing Its Public Charge Rule on February 24, 2020. In this Expert Perspective, our colleagues at Manatt Health review the Supreme Court’s decisions granting the Administration’s requests to stay  preliminary injunctions that had blocked the Department of Homeland Security public charge final rule from taking effect in October 2019.

Talking Points on Public Charge for State Health Officials. This document, developed by communications experts at GMMB, provides talking points for marketplaces and other state health officials to use in communicating with consumers about the changes to public charge.

Final Public Charge Rule: Analysis and Potential Implications. On September 3, the Robert Wood Johnson Foundation’s State Health and Value Strategies program hosted a webinar on the public charge final rule, facilitated by experts at Manatt Health. The webinar reviewed the final rule, highlighted changes from the proposed rule, and explored the rule’s potential impacts on consumers, states and providers. Speakers identified the key ways the proposed rule departs from current guidance, with a particular focus on the implications for Medicaid and other health-related public benefits, as well as communications and messaging.

State Materials


All County Information Notice for county welfare departments regarding public charge

Public Charge Guide published by the California Health and Human Services Agency


Connect for Health Colorado Public Charge Rule Updates


Flyer: Does public charge apply to you?

New York

Public charge fact sheets and assistor training materials 


Nevada Health Link (state’s official health insurance marketplace) resources

Department of Health and Human Services, Division of Welfare and Supportive Services flyer in English and Spanish

Other Resources

Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance 

Update from U.S. Citizenship and Immigration Services on Public Charge

Families USA report: analysis of Census Bureau data documenting recent health insurance changes for U.S.-citizen children with immigrant parents.

Protecting Immigrant Families Letter to State Officials Regarding I-944 Form: the letter highlights the information state officials will need to provide and best practices for responding to requests for information.

Protecting Immigrant Families Sample Forms For Health, Nutrition and Housing Programs