Public charge is an element of immigration law that historically allowed federal authorities to deny legal status to individuals who are determined to be primarily dependent on the government for subsistence. On August 12, 2019, the Trump Administration redefined public charge in a way that would allow immigration officials to deny legal status for an individual’s use of one or more public benefits. Public charge determinations are conducting according to a forward-looking “totality of the circumstances” test. This means that immigration officials will consider a variety of factors – including an immigrant’s age, health, family status, assets, resources, financial status, education, skills, and use of certain public benefits – and how all of those factors would affect the immigrant’s likelihood to support themselves and their family without government assistance.
Is WIC a public charge?
NO. On August 12, 2019, the Department of Homeland Security (DHS) issued a final public charge rule. Under the DHS rule, WIC is not included in public charge determinations.
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