Immigrants and August 22,1996: Will the Public Charge Rule Clarify Program Eligibility?

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, known as the welfare reform law, placed great restrictions on the ability of legal immigrants to access and qualify for public benefits. Although many of these benefits were later restored, immigrants have not been utilizing them for fear of being considered a “public charge” resulting in possible deportation. Immigrant advocates and healthcare providers have expressed concern that the underutilization of services by immigrants places families and children at-risk for potential public health consequences. The Immigration and Naturalization Service has proposed a policy to clearly define the public charge rule, and the consideration of immigrants' eligibility or ineligibility for different assistance programs. This article traces the history of the public charge rule, provides an analysis of unresolved issues under the proposed policy, and discusses implications for the field of social work