On March 9, 2021, the U.S. Supreme Court dismissed a case concerning the legality of the 2019 public charge rule in response to a request from the U.S. Department of Justice. A similar dismissal was granted for a case pending before the U.S. Circuit Court of Appeals for the 7th Circuit. This means that the final judgment entered on November 2, 2020 in the case filed in the Northern District of Illinois vacating the public charge rule on its merits nationwide is in effect. In other words, the Trump Administration’s 2019 public charge rule is now permanently blocked nationwide.
By targeting low-income immigrant seniors who may need extra help from programs like Medicaid, or the Supplemental Nutrition Assistance Program (SNAP), changes to public charge will ensure that the American Dream is only available to immigrants who are healthy and wealthy and who do not have disabilities. The rule threatens the ability of immigrants to obtain permanent residency (green cards) if they have ever needed help, or are likely to need help, from certain government programs and make it difficult for multi-generational families to care for one another and succeed.
The Public Charge rule was published in August 2019 and is scheduled to take effect February 24, 2020. We are continuing to work in coalition to stop this rule from being implemented. Read our takeaways on the final rule.
Justice in Aging:
Protecting Immigrant Families Campaign:
Immigrant Legal Resource Center:
California Specific Resources:
Center for Public Representation:
Kaiser Family Foundation:
Litigation Challenging the Final Rule
Amicus Brief on the Final Rule’s Harms to Older Adults filed by Justice in Aging, American Society on Aging, Caring Across Generations, Center for Medicare Advocacy, Jewish Family Service of Los Angeles, The Jewish Federations of North America , The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON: A Jewish Response to Hunger, and PHI
Read Justice in Aging’s comments on the proposed rule. (submitted December 10, 2018)
Justice in Aging Issue Brief: Older Immigrants and Medicare
Justice in Aging Webinar: Immigrants’ Access to Healthcare and Other Public Benefits
ABA Commission on Law & Aging Bifocal Article: Older Immigrants’ Rough Road Map to Public Benefits
National Center on Law & Elder Rights Chapter Summary: Access to Public Benefits for Older Immigrants