Trump Administration Revives 'Public Charge' Rule: Use of Some Public Benefits May Affect Green Card Applications

The Trump administration is reviving a policy under which green card applicants who have used public benefits such as food stamps, Medicaid, or housing subsidies may have their applications denied.

The policy, known as 'public charge,' was announced Thursday in the Federal Register. It will be officially published on July 20 and take effect on September 18. Under the policy, green card applicants must prove they will not become a burden on the state—that is, a 'public charge.'

The policy was first implemented in February 2020 as one of Donald Trump's measures during his first term to restrict legal immigration, but it was rescinded after Democrat Joe Biden took office.

Now, as the Republican administration pursues hardline policies to curb both illegal and legal immigration and as health care and food costs continue to rise, the policy is making a comeback.

U.S. Citizenship and Immigration Services (USCIS), in a post on its X account, said the federal government "is reaffirming the requirement of self-sufficiency, protecting public resources, and ending policies that encourage reliance on hardworking American taxpayers."

The post also stated: 'Under President Trump, USCIS is restoring a basic principle: that immigrants must be able to support themselves.'

While the current administration's immigration crackdown has focused mainly on deportations and immigration enforcement in cities across the country, as well as on border and port-of-entry controls, it has also taken actions targeting legal immigrants and mixed-status families (in which parents are foreign nationals and children are born in the United States).

New Rule Expands Disqualification Grounds

Federal law already required applicants seeking permanent residence or legal status to prove they would not become a public charge. However, the Trump administration's new rule expands the grounds for disqualification.

The new rule does not specify which particular benefits and programs would be treated as a public charge. Instead, it states that officials enforcing the policy will make "an individualized, fact-specific public charge inadmissibility determination based on the totality of the circumstances of the alien."

The rule states: 'Through sound judgment and discretion, officials will more accurately assess the likelihood that an alien will become a public charge at any time.'

The Trump administration first proposed the rule in 2018, aiming to ensure that only those who are self-sufficient can come to the United States. Immigrant rights advocates criticized it, saying it amounts to a 'wealth test.' Public health experts said it would lead to worse health outcomes.

Manatt Health, an organization that advises state and federal governments, estimates that the policy will deter as many as 26 million people from seeking medical, food, housing, or other assistance through programs for which federal law makes them eligible. About half of them are U.S. citizens, mainly children or adults in mixed-status families, according to the organization.

Experts also noted that most people receiving government benefits are already legal residents.

A 2020 study by the Migration Policy Institute showed that although the 'chilling effect' could be very broad, the number of immigrants actually found ineligible for lawful permanent residence because of their use of a public benefit listed in the new rule was small.

The institute estimated that, based on the benefit usage listed at the time, at most 167,000 people would be found ineligible to apply for a green card—less than 1% of the 22.1 million noncitizens living in the United States at that time.

According to Census Bureau data, there were 22.8 million noncitizens living in the United States in 2023.

Critics Say New Rule Creates Fear in Communities

Non-governmental organizations said the policy has caused confusion and fear, leading many immigrants and their U.S.-born relatives to decide not to apply for benefits and services to which they are entitled.

Immigrant advocates condemned the administration's decision to revive the 'public charge' rule and expressed concerns.

Adriana Cadena, executive director of the Protecting Immigrant Families Coalition, said: 'This rule is a direct attack on immigrant families and a threat to our nation's health and economic security. The Trump administration is basing immigration decisions on prejudice and politics, with complete disregard for the harm caused.'

Sarah Krieger, a senior policy adviser at the National Immigration Law Center, said the rule will make immigrants afraid to see a doctor, buy food at the grocery store, and file taxes.

Krieger said: "Through this new rule, they are sowing fear and confusion, ultimately reshaping America into a country that welcomes only a few white people and the ultra-wealthy. This rule is not only deeply harmful but also violates the law."