The AAMC submitted Dec. 18 comments (PDF) urging the Department of Homeland Security (DHS) to withdraw its proposed rule that would expand the scope of the public charge determination used by immigration officers in adjudicating applications for adjustment of status [refer to Washington Highlights, Nov. 21]. The DHS proposal would rescind a 2022 final rule, which the AAMC previously commented in support of, and replace it with a more expansive definition that could include federal and state benefit programs like Medicaid, the Children’s Health Insurance Program, nutritional benefits, and housing assistance [refer to Washington Highlights, April 29, 2022] .
The AAMC called on the DHS to withdraw the proposal and allow the 2022 final rule to remain intact, citing the “chilling effect” the proposed rule would have by deterring even lawfully present individuals and U.S. citizens from enrolling in public benefit programs. Disenrollment from, or forgone enrollment in, benefit programs would worsen the health of people already experiencing significant barriers to accessing health care, including U.S. citizens. The AAMC noted that, ultimately, the rule’s provisions would limit the ability of academic health systems and teaching hospitals to offer comprehensive services in their communities, resulting in worse health outcomes and threatening public health.
The DHS stated that if it finalizes the rule, it will release additional details to immigration officers on the public charge determination in the form of subregulatory guidance.