The US Citizenship and Immigration Services (USCIS) has announced the return of the ‘public charge’ rule, reviving an immigration policy first introduced during US President Donald Trump’s first term in office and later scrapped by the Biden administration, the legal news site Jurist.org reports.
Originally implemented in 2018, the rule was criticized by immigration advocacy groups as a ‘wealth test’, while public health experts warned that it could discourage immigrants from seeking medical care and other essential services. According to a 2020 study by the Migration Policy Institute, the policy created ‘chilling effects’, although fewer than 1 per cent of the 22.1 million immigrants living in the United States at the time were estimated to have become ineligible for green cards due to receiving public benefits. The Biden administration repealed the measure in 2021.
Under the restored policy, immigrants must continue to show that they are unlikely to become a public charge—someone primarily dependent on government support for basic living expenses. However, the updated rule broadens the range of public assistance programmes that immigration officials may consider when evaluating applications for lawful permanent residence.
Among the benefits that could now be taken into account are the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Medicaid, housing vouchers, and several other forms of public assistance.
Officials will now also be permitted to weigh factors such as an applicant’s age, health, education, and employment skills when assessing eligibility for a green card.
USCIS announced the policy change on X on Thursday, 16 July, stating that the final rule is intended to ensure that individuals seeking permanent residence in the US can support themselves and are unlikely to become primarily dependent on public assistance. The agency added that the measure is designed to protect public resources and end policies it says encouraged dependency at the expense of American taxpayers.
The rule was filed in the Federal Register on 16 July, was formally published on 20 July, and is expected to take effect on 18 September.
Meanwhile, Manatt Health, a law firm that advises both state and federal governments, estimated that the policy could discourage up to 26 million people from applying for public assistance. The firm said roughly half of those affected could be US citizens, most commonly children or other family members of illegal immigrants living in the United States.
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