Key facts
- The Trump administration is reviving a "public charge" rule that could deny green cards to immigrants who use public benefits.
- The policy will be formally published on July 20 and take effect September 18.
- The rule was first implemented in February 2020 under President Trump and reversed by President Biden.
- U.S. Citizenship and Immigration Services stated the rule reaffirms self-reliance and protects public resources.
- Immigrant advocates argue the rule amounts to a "wealth test" and will cause fear among immigrants.
- A 2020 study estimated that fewer than 1% of noncitizens could be deemed ineligible based on current benefit use.
The Trump administration is reinstating a policy, known as "public charge," that could lead to immigrants being denied green cards if they have used public benefits such as food stamps, Medicaid, or housing vouchers. The rule, which appeared in the Federal Register, is set to be formally published on July 20 and take effect on September 18.
This policy was initially implemented in February 2020 during the Trump administration as part of efforts to limit legal immigration. It was later reversed by the Biden administration. The revival of the rule occurs amid a broader hardline approach to immigration by the current administration and rising costs of healthcare and food.
U.S. Citizenship and Immigration Services stated that the government is "reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency." The agency added that under President Trump, USCIS is restoring the principle that immigrants must be able to support themselves.
Federal law already requires applicants for permanent residency to demonstrate they will not become a public charge. However, the Trump administration's rule expands the range of programs that could lead to disqualification. Immigrant rights advocates have criticized the policy, calling it a "wealth test" and arguing it will lead to worse health outcomes and deter millions from seeking necessary aid.
Manatt Health estimated that up to 26 million people, about half of whom are U.S. citizens, primarily children in mixed-status families, might be deterred from seeking healthcare, food, or housing assistance. Experts also noted that most benefit recipients are already legal residents. A 2020 study by the Migration Policy Institute suggested that while "chilling effects" could be significant, the number of immigrants actually deemed ineligible for a green card based on current benefit use was likely small, estimated at no more than 167,000 people.
Nongovernmental organizations reported that the policy created confusion and fear, causing many immigrants and their U.S.-born relatives to forgo benefits they were entitled to. Adriana Cadena, executive director at the Protecting Immigrant Families Coalition, called the regulation an "assault on immigrant families" and a threat to the country's health and economic security, asserting that immigration decisions are being based on bias and politics. Sarah Krieger, senior policy counsel at the National Immigration Law Center, expressed concern that the rule would make immigrants afraid to seek medical care, buy food, or file taxes, aiming to create a country where only the wealthy are welcome.