Effective February 24, 2020, the U.S. Citizenship and Immigration Services (USCIS) will begin considering the receipt of some types of public assistance, including certain types of federally-funded Medical Assistance, among other factors, when the federal government reviews the immigration status of certain non-citizens who apply for legal permanent resident status (a green card) or renew or change their immigration status.

Per the USCIS, the rule will only apply to applications submitted on or after February 24, 2020. Also benefits received before February 24, 2020 will not be considered in the public charge determination.

If you are working with a consumer who is concerned about the public charge rule, you can refer them to MNsure’s website (www.mnsure.org) where we have posted this information (search using “public charge”). Minnesota state agencies have jointly published a public charge reference document that is available in English (PDF), Spanish (PDF), Hmong (PDF), Somali (PDF) and Karen (PDF). 

Please note:

• The public charge rule does NOT change who is or is not eligible for health care benefits. The rule cannot be considered in a health care or other public assistance eligibility determination.
• Assisters should never give immigration advice or guidance. Consumers who have questions about how the public charge rule affects them or their family should seek legal advice from an immigration attorney. This will allow people to make an informed decision about receiving health care and other public assistance benefits and understand whether they or their family may be impacted in the future.
• Inform people who ask about the public charge rule to contact a Legal Aid office at 1-800-292-4150 from 8:30 a.m. to 4:30 p.m., Monday - Friday (www.lawhelpmn.org) or a private immigration attorney. Mid-Minnesota Legal Aid also has published a resource page with information and materials on the public charge rule.