The Trump administration has revived a policy that could deny green card applicants permanent residency if they are likely to rely on public assistance.
The official X account of U.S. Citizenship and Immigration Services (USCIS) also posted a statement supporting the policy, saying individuals seeking permanent residence in the United States should be able to support themselves without relying on American welfare programs.
“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 committed to applying the law as enacted by Congress, providing clear guidance, and ensuring consistent, fair adjudications.”
The policy, known as “public charge,” was published in the Federal Register on July 20 and took effect Sept. 18. Under the policy, applicants for green cards must demonstrate that they are not likely to become a burden on the country, or a “public charge.”
In 1996, the federal government enacted welfare and immigration laws that largely prohibited many immigrants from receiving public benefits and financial assistance from federal, state, and local governments. There are several exceptions, including lawful permanent residents (green card holders), certain survivors or victims of abuse and their children or parents, certain survivors of human trafficking, and individuals residing in the Federated States of Micronesia, the Marshall Islands and Palau.
While restrictions already exist on benefits for immigrants who are in the country illegally, the Trump administration’s rule expands the grounds for disqualification, according to the Associated Press.
The new rule does not identify specific benefits or programs that could be considered a public charge. Instead, it states that immigration officers will make “individualized, fact-specific public charge inadmissible determinations, based on a totality of the alien’s circumstances.” In other words, officers will evaluate an applicant’s overall circumstances rather than relying on a single factor.
The policy was first implemented in February 2020 as part of President Donald Trump’s effort to limit legal immigration during his first administration. It was later reversed after Democratic President Joe Biden took office. The policy has now been reinstated.