Public Charge Deportation: How to Protect Yourself in 2024

A man in handcuffs is depicted in this undated image released by the federal government.
Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

Have you heard about the public charge rule and wondered how it might affect your immigration status? In 2024, the rules around deportation and removal due to public charge (USA) are more important than ever. If you’re a non-citizen in the U.S., you may worry about whether receiving certain public benefits could make you a “public charge” and put your residency or visa in jeopardy. Let’s break down what the public charge rule really means, how it can affect you, and most importantly, how to protect yourself.

What Does the Public Charge Rule Mean?

The public charge rule has been part of U.S. immigration law for a long time. Basically, it means that if you are likely to become primarily dependent on the government for support, such as by receiving long-term institutional care or public cash assistance for income maintenance, you could be deemed inadmissible or even deportable. This could affect your ability to get a green card, adjust your status, or re-enter the U.S. after traveling abroad.

How Is Public Charge Determined?

Immigration officials evaluate a variety of factors when determining if someone is likely to become a public charge. These factors include your age, health, family status, income, education, and work skills. The goal is to figure out if you’ll need to rely on government benefits in the future.

But here’s the important part: Not all benefits count toward public charge. Things like food assistance, Medicaid for emergency services, and other non-cash benefits generally do not count. Only public cash benefits, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or being institutionalized for long-term care at government expense, are considered.

If you have questions about your situation, it’s important to consult an experienced immigration attorney who can help you understand how public charge might apply to you.

Deportation Due to Public Charge: What’s the Risk?

It’s extremely rare for someone to be deported solely due to public charge, but it can happen. Removal proceedings may be initiated if it is determined that a person has become a public charge within five years of entering the U.S. under certain circumstances.

 

The public charge inadmissibility rule generally applies when a person is applying for a visa or green card, and they need to show they will not become a financial burden on the U.S. If they cannot demonstrate self-sufficiency or have used certain public benefits, they could be at risk of being denied entry or deported.

 

However, data shows that deportation based solely on public charge violations is incredibly rare. Between 2015 and 2019, only 123 people out of over a million deportations were removed on public charge grounds. But that doesn’t mean you shouldn’t be cautious, especially with the possibility of rule changes in the future.

 

Consult an immigration lawyer if you’re concerned that public charge rules might affect your case.

Public Charge Rule

Who Is Most Affected by the Public Charge Rule?

The public charge rule applies mainly to those applying for permanent residency (green cards), visas, or seeking to re-enter the U.S. after traveling abroad. However, some non-citizens are exempt from public charge determinations, including:

  • Refugees and asylees
  • Certain humanitarian applicants, like those with U or T visas
  • Temporary Protected Status (TPS) holders
  • Special immigrant juveniles
  • Survivors of domestic violence under the Violence Against Women Act (VAWA)

For most visa or green card applicants, though, the public charge inadmissibility rule applies. If an immigration officer determines that someone is likely to become a public charge, their application could be denied.

 

How to Protect Yourself From Public Charge Deportation

If you’re concerned about public charge issues, here are steps you can take to protect yourself:

 

1. Understand What Benefits Are Considered

It’s essential to know which benefits count toward public charge and which ones don’t. As mentioned, not all government assistance is considered. Benefits like Medicaid (for emergencies), nutrition programs like SNAP, and housing assistance do not count against you. However, if you rely on public cash benefits or are placed in long-term care at government expense, that could be an issue.

 

2. Provide Strong Financial Evidence

When applying for a visa or green card, showing that you have the means to support yourself is critical. Submitting a sufficient Affidavit of Support from a sponsor who meets the income requirements can make a big difference. This affidavit is a promise from your sponsor that they will help support you and prevent you from needing government assistance.

 

3. Seek Legal Help

The public charge rules can be confusing, and every case is different. If you have concerns about how your immigration status may be impacted by the public charge rule, it’s a smart move to consult an immigration attorney. They can review your situation, help you gather the necessary documentation, and guide you through the process of protecting your status.

 

4. Stay Informed About Rule Changes

In the past few years, the public charge rule has undergone changes. The most recent change took place in 2022, returning to the simpler 1999 definition of public charge, which focuses primarily on cash assistance and long-term care at government expense. However, it’s important to stay informed about any potential rule changes that could affect you in the future.

 

5. Avoid Public Cash Benefits

While non-cash benefits generally don’t affect your immigration case, receiving public cash assistance for income maintenance can be problematic. If you can avoid relying on these types of benefits, it’s a safer route to take when applying for immigration status or seeking re-entry into the U.S.

Facing Removal Proceedings

What Should You Do If You Are Facing Removal Proceedings?

If you’re already facing removal proceedings and public charge is one of the reasons, don’t panic. You still have options. Here’s what you can do:

  1. Gather Documentation: Collect any evidence that shows you are not a public charge. This might include proof of employment, a letter from your sponsor, or other financial documentation showing that you can support yourself.
  2. Prove Hardship: If you can demonstrate that being deported would cause extreme hardship for you or your family, this might help your case.
  3. Work With a Lawyer: Immigration law can be complicated, especially when public charge issues are involved. Having a knowledgeable immigration lawyer by your side will help you navigate the legal system and fight to stay in the U.S.

Consult an experienced immigration attorney immediately if you are facing deportation due to public charge issues.

 

Conclusion

The public charge rule has been a long-standing part of U.S. immigration law, but it’s important to understand what it really means for non-citizens. While deportation due to public charge is rare, it’s still possible under certain conditions. The best way to protect yourself is to stay informed, avoid public cash benefits if possible, and seek legal advice if you think you might be at risk.

 

If you’re applying for a visa, green card, or re-entry into the U.S., make sure you have the necessary financial support to show you won’t become a public charge. And, if you’re facing removal proceedings, take action right away to defend your rights.

FAQs

  1. What is the public charge rule?

    The public charge rule is a part of U.S. immigration law that can make someone inadmissible or deportable if they are likely to become dependent on the government for support through cash benefits or long-term care at government expense.
  2. What benefits count under the public charge rule?

    Only public cash benefits for income maintenance, such as SSI or TANF, and long-term institutional care at government expense count toward the public charge rule. Non-cash benefits like SNAP or Medicaid for emergency services do not count.
  3. Who is exempt from the public charge rule?

    Refugees, asylees, certain visa holders (like U or T visas), and Temporary Protected Status (TPS) holders are exempt from the public charge rule.
  4. Can public charge lead to deportation?

    Deportation due to public charge is rare but possible if someone becomes a public charge within five years of entering the U.S. and under certain conditions. Always consult an attorney if you’re concerned about your situation.
  5. How can I avoid being considered a public charge?

    To avoid being considered a public charge, make sure you have sufficient financial resources, avoid using public cash benefits, and consider having a strong Affidavit of Support from a sponsor to demonstrate your self-sufficiency.
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