Newsletter Week of September 12

State Department Drops Trump Administration Public Charge Rule 

The DHS public charge rule that took effect on December 23, 2022, largely returned to the pre-2019 standard that likelihood of becoming a public charge for purposes of INA § 212(a)(4) [8 USCA § 1182(a)(4)] consists of receipt of government cash benefits for income or long-term institutionalization at government offense. The 2019 public charge interim final rule expanded the scope of benefits considered in the public charge analysis and redefined a public charge as one who receives such benefits “for more than 12 months in the aggregate within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).The most recent notice stated that the State Department continued to plan further rulemaking in line with the DHS public charge final rule. 

The 60-day re-registration period for existing beneficiaries runs from November 6, 2023 through January 5, 2024 for Honduras. 

For individuals who have already been granted TPS under Honduras's designation, the 60-day re-registration period runs November 6, 2023 through January 5, 2024. USCIS will issue new EADs with a July 5, 2025, expiration date to eligible Honduran TPS beneficiaries who timely re-register and apply for EADs. Re-registration is limited to individuals who have previously registered or re-registered for TPS under Honduras' designation, whose applications were granted, and whose TPS has not been withdrawn for individual ineligibility for the benefit. Failure to re-register properly within the 60-day re-registration period may result in the withdrawal of your TPS following appropriate procedures