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Yesterday, the U.S. Supreme Court set aside the preliminary injunction from New York that prevented the Department of Homeland Security (DHS) public charge rule from taking effect nationwide. This was the last of the three district court nationwide injunctions standing, which means the DHS rule can go into effect nationwide — except in Illinois — while the litigation challenging it continues. CHA President & CEO Carmela Coyle issued a statement denouncing the rule.
“Monday’s Supreme Court decision advances a policy that jeopardizes access to health care and social support services for millions including children, seniors, the disabled and those with chronic conditions,” said Coyle.
The Department of Homeland Security has not yet announced a timeline for implementing the public charge rule.
CHA reminds hospitals that they should not provide legal advice to patients on the impact of the public charge rule on their immigration status, as each situation is different. Instead, hospitals should refer patients to an immigration expert who can advise on the patient’s particular situation. Hospitals can still explain whether someone is eligible for a health care or public benefits program, but only a qualified immigration lawyer should advise patients on whether their use of the program will affect their immigration status.
CHA has prepared a fact sheet for hospitals to use with patients.
Other helpful resources for hospitals include:
- An online directory includes local nonprofit organizations that provide legal help and advice
- A list of immigration service providers in California, maintained by the California Department of Social Services
- An overview of the rule created by the California Health and Human Services Agency (currently undergoing updates)