Trump Administration Reintroduces Immigration Rule Denying Green Cards to Public Benefit Users

The Trump administration is reinstating a rule to deny green cards to immigrants using public benefits such as food stamps, Medicaid, and housing vouchers. The policy, named ‘public charge,’ appeared in the Federal Register on Thursday and is scheduled for formal publication on July 20. It will be effective from September 18. Green card applicants will need to demonstrate they will not become burdens or ‘public charges’ to the U.S.

This rule was initially implemented in February 2020 under President Donald Trump to restrict legal immigration. It was overturned when President Joe Biden took office. Now, as health care and food costs rise, the Republican administration aims to enforce strict policies on both illegal and legal immigration.

‘The federal government reaffirms the requirement of self-reliance, protecting public resources, and ending dependency on hard-working American taxpayers,’ U.S. Citizenship and Immigration Services stated in a post on its X account. ‘USCIS is restoring the principle that immigrants must support themselves under President Trump.’

The administration’s focus is not only on deportations and enforcement at borders but also on actions affecting legal immigrants and mixed-status families, where parents are foreign nationals with U.S.-born children. Federal law requires permanent residency applicants to prove they will not become public charges. However, the Trump rule broadens the program scope potentially disqualifying them.

Launched in 2018, the rule aimed to ensure only self-sufficient immigrants entered the U.S. Immigrant rights groups criticized this as a ‘wealth test,’ citing negative health implications. Manatt Health estimated the policy could deter up to 26 million people from seeking aid from federally qualified programs. Half of these were U.S. citizens, including children and adults in mixed-status families.

A 2020 Migration Policy Institute study analyzed the broad ‘chilling effects’ of this rule, estimating that fewer than 1% of 22.1 million noncitizens at the time would be ineligible for green cards due to public benefits use. As of 2023, there were 22.8 million noncitizens in the U.S., according to the Census Bureau.

Nongovernmental organizations reported that the policy caused confusion and fear, preventing many immigrants and U.S.-born relatives from applying for entitled benefits and services.

‘This regulation directly assaults immigrant families and threatens the country’s health and economic security,’ said Adriana Cadena, executive director of the Protecting Immigrant Families Coalition.

‘The rule would make immigrants afraid to access healthcare, purchase food, and pay taxes,’ stated Sarah Krieger, senior policy counsel at the National Immigration Law Center.

Advocates criticized the rule’s revival, noting it harms immigrant families and violates legal standards by basing immigration decisions on bias and politics.