US Citizenship and Immigration Services (USCIS) on Thursday announced the return of the “public charge” rule for immigrants. Immigrants must already demonstrate that they will not become public charges, or persons who depend on the government for subsistence, but the new rule will expand the range of public benefits that immigration officials may consider when determining whether immigrants are likely to become primarily dependent on government assistance.
The expanded list could include Supplemental Nutrition Assistance Program (SNAP/food stamps), Temporary Assistance for Needy Families (TANF), Medicaid, housing vouchers and others programs. The rule will also allow immigration officials to consider age, health, education, and job skills in determining eligibility for green cards.
USCIS announced the change on social media platform X, saying, “This final rule is intended to help ensure that those seeking permanent residence are able to support themselves and are not likely to become primarily dependent on public assistance… [USCIS is] protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers.”
The rule change appeared in the Federal Register on July 16. It will be formally published on July 20 and expected to take effect on September 18.
The Trump administration first implemented the public charge rule in 2018. At the time, immigration advocates called it a “wealth test” and public health experts said that it would lead to health problems among immigrants. A 2020 study from the Migration Policy Institute said that the rule had “chilling effects” but that less than 1% of the 22.1 million immigrants in the US at that time could be ineligible for a green card because they used government benefits.
The Biden administration reversed the rule in 2020.
Manatt Health, a law firm that advises state and federal governments, estimated that the new policy would have deterred as many as 26 million people from seeking government assistance. Of those, about half were US citizens, typically children or members of mixed families.
