COLUMBIA, S.C. — In a ruling of 5-4 the U.S. Supreme Court voted to allow the public charge rule to go into effect.
The public charge test is used by immigration officials to determine whether a person can enter the U.S. or get a lawful permanent resident status, a green card.
According to the S.C. Appleseed Legal Justice Center, the test looks at income, employment, health, age, education/skills, family situation, and whether a sponsor signed a contract, to see if that person would need public funding to support them living in the United States.
"In some states like California and New York they have appropriated state money to give, for example, Medicaid coverage or SNAP benefits for anybody in California regardless of immigration status," says Louise Pocock, immigration attorney with S.C. Appleseed Legal Justice Center. "South Carolina has not taken those options."
Pocock says this ruling will not affect immigrants in South Carolina, but this ruling does apply to people applying for a green card through an employment-based visa, or through family, as well as green card holders who return to the U.S. after spending six months or more abroad.
"The main message for people is that this rule isn't going to impact most immigrants in South Carolina," says Pocock. "If their children are citizens and receiving benefits, they should continue to receive these benefits. This rule is about creating fear and making it harder for families to access benefits that their U.S. citizen children might be eligible for. I really encourage families to seek advice and consult our resources and consult an immigration attorney before they make any decision about stopping benefits."
The ruling goes into effect on February 24, 2020.