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NEWS FROM NACO www.naco.org


About NACo – The Voice of America’s Counties National Association of Counties (NACo) is the only national organization that represents county governments in the U.S. NACo provides essential services to the nation’s 3,068 coun- ties. NACo advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innova- tive solutions through education and research and provides value-added services to save counties and taxpayers money.


Supreme Court allows ‘public charge’ rule to proceed By Rachel Merker and Eryn Hurley Te U.S. Supreme Court’s Jan. 27, 2020, order, allowing


the Department of Homeland Security (DHS) to begin en- forcing the agency’s “public charge” rule, may increase the use of county-provided social services and impose new adminis- trative demands on counties. Te court lifted a nationwide injunction on the rule as litigation continues, allowing its en- forcement starting Feb. 24, 2020, delayed a few months from its October 2019 implementation date after federal judges in multiple states blocked it. Te rule widens the scope of programs and factors that fed- eral immigration authorities may consider when determining whether an individual seeking permanent legal residency or a visa extension is likely to become a public charge — that is, primarily dependent on the federal government for subsistence. An individual is considered a public charge if they access


government benefits that provide cash assistance or receive gov- ernment-funded long-term institutional health care. Te new rule would expand that, defining public charge as someone who relies on cash and non-cash benefits such as housing or food as- sistance for more than 12 months in a three-year period. When the proposal was announced in September 2018,


NACo expressed concerns, that if implemented, the proposal would result in fewer individuals accessing federal benefits, thereby increasing usage of and demand for local services. Ad- ditionally, the change could also impose new administrative


demands on counties already facing strict budget constraints. NACo also released an analysis of the rule that outlines key modifications to the “public charge” definition and how the rule may impact counties. Under the proposed definition, DHS cites that nearly 400,000 immigrants per year already in the United States would be sub- ject to the new requirements and regulations. Te proposal also reduces the dollar amount an individual may receive in public assistance before they are deemed a “public charge.” An individ- ual who accepts the equivalent of at least 15 percent of federal poverty guidelines (equivalent to roughly $1,800 a year, or $150 a month) would be deemed a “public charge.” Te new rule would include a variety of additional programs


that would classify a person as a public charge: individuals above the age of 21 using Medicaid, low-income subsidy and housing assistance, including public housing, Section 8 hous- ing vouchers or rental assistance and food stamps. Te rule would apply to any individual seeking to come to the


United States through various visas, with limited exceptions for certain immigrant populations, such as refugees. Te proposal would also impact individuals already in the country who are seeking to become permanent legal residents or to extend their stay in the country by renewing their immigration status. Despite the Supreme Court ruling, lower courts are expect- ed to hear lawsuits on the public charge rules in the coming months. Once those lawsuits are settled, it is possible the Su- preme Court will review the public charge issue again.


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