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Breaking News: Supreme Court Allows for Public Charge to Become Effective Date: January 27, 2020

Feb 10, 2020

The U.S. Supreme Court recently voted to lift the nationwide injunction that blocked public charge from going into effect. The 5-4 vote reverses a federal court in New York that had halted the Department of Homeland Security from implementing the rule until constitutional and legal challenges to the rule were fully vetted in the courts.

The final public charge rule – first issued in August 2019 – will penalize some immigrants for accessing SNAP, Medicaid, or housing subsidies. WIC is explicitly excluded from the public charge rule, as is Medicaid for children (up to age 21) and pregnant women (up to 60 days postpartum). Nevertheless, prospective WIC participants remain concerned about accessing WIC services. WIC’s job is to remind prospective and current participants that WIC access will not be counted against them.

The final public charge rule had originally included a 60-day waiting period before the policy change became effective. The Department of Homeland Security has not yet announced when the rule will be implemented.