Resource Library

This Dear Colleague Letter describes changes to the public charge rule after the Department of Homeland Security’s August 2019 regulation “Inadmissibility on Public Charge Grounds Final Rule” was vacated earlier this year.  As background, public charge is used to describe an individual who is deemed to be primarily dependent on or likely to become primarily dependent on government for subsistence, as defined by receipt of certain public benefits. An individual determined likely to become a public charge is inadmissible to the United States or, if already in the country, ineligible to become a lawful permanent resident. Receipt of certain public benefits can be taken into account by the United States government when making a public charge determination.

The letter explains that the expanded group of programs added under the 2019 public charge rule (non-emergency federally funded Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and various forms of housing assistance) may no longer be taken into consideration, and that Temporary Assistance for Needy Families cash assistance is the only ACF program to which the public charge rule applies.  Because many recipients of ACF-funded benefits also participate in the programs that were included in the rule change, the letter calls on ACF grantees to assist with making sure that eligible immigrants are aware that the U.S. will no longer consider receipt of Medicaid (except for long-term institutionalization), Supplemental Nutrition Assistance Program, or public housing benefits as part of public charge determinations.

HHS is reestablishing its long-standing Department practice of evaluation of religious exemptions and modifications of program requirements on a case-by-case basis, as needed, and as is required by law.  ACF will not condone the blanket use of religious exemptions against any person or blank checks to allow discrimination against any persons, importantly including LGBTQ+ persons in taxpayer-funded programs.

As one of the largest stimulus packages in U.S. history, ARP provides ACF with resources to better serve the children, families, and communities at the center of our mission and build a strong foundation for the next generation.  This table provides an overview of the funding deadlines, including grant release dates for ACF programs.