IMMIGRANTS NO LONGER NEED TO FEAR USE OF HEALTH BENEFITS!

 

The Immigration and Naturalization Service has issued a major rule that makes nearly all health care programs, including MassHealth, CommonHealth and free care at hospitals and community health centers available to immigrants without fear that receipt of this assistance will later cause a problem for their immigration status. This rule clarifies the definition of "public charge" and makes clear that receipt of health care and assistance from these programs will not be considered in determining whether a person is likely to become a "public charge." To make this change the INS both issued a proposed rule and a related set of instructions. Both are available from this site.

"Public charge" is a term the INS uses to describe people it thinks are or may become dependent on state or federal welfare benefits. There are several ways that a "public charge" decision hurts an immigrant. Becoming a "public charge" can result in an immigrant’s deportation under some fairly rare circumstances. More often, "public charge" is used as a reason to deny an immigrant permanent resident status. "Public charge" can also be used by the INS to deny reentry to the United States for an immigrant who travels overseas.

Thankfully, under the new INS instructions, immigrants will no longer have to worry about "public charge" when they seek health care benefits. For many years the INS has provided only vague and often confusing guidelines about what could be considered evidence that someone is or might become a "public charge." That changed recently, however, with the INS’ publication of a new set of instructions called "Field Guidance on Deportability and Inadmissability on Public Charge Grounds." In that new rule the INS makes clear for the first time that receipt of medical assistance has nothing to do with the public charge decision.

The instructions state the following:

"Past receipt of non-cash benefits (other than institutionalization for long-term care) should not be taken into account..."

"Non-cash benefits ...should not be taken into account in making public charge determinations, nor should special purpose cash assistance that is not intended for income maintenance. Therefore, past, current, or future receipt of these benefits should not be considered in determining whether an alien is or is likely to become a public charge. Further, an alien need not repay benefits already received or withdraw from a benefit program in order to be eligible for admission or adjustment of status.

Examples of programs that will not be considered are listed and include the following:

Medicaid and other health insurance and health services

Children’s Health Programs

Nutrition programs like Food Stamps, WIC and school lunch programs

Housing benefits

Child Care benefits

Energy Assistance

Emergency Disaster Relief

Foster Care and Adoption Assistance

Head Start participation

Job training programs

Assistance from local service providers, soup kitchens, food pantries and shelter programs

Henceforth, the only evidence that the INS will consider in determining whether someone is likely to become a public charge is the receipt of cash welfare benefits or long-term nursing care.

SPREAD THE WORD - MOST IMMIGRANTS NO LONGER HAVE ANY REASON TO AVOID GETTING MEDICAL CARE, MEDICAID, MASSHEALTH OR FREE CARE.