It soon may be more complicated to be approved for a green card, as new federal guidelines for the Public Charge Rule went into effect Sept.18.
In the new rule, immigration officers will determine green card acceptance through which public benefits they consider a possible “public charge” during the approval process.
Previously on July 16, the Department of Homeland Security had announced it would rescind the 2022 Biden administration guidelines regarding public charge inadmissibility.
In the recent statement on X, DHS said it is “restoring the basic principle that immigrants must be able to support themselves” by allowing immigration officers to consider if taxpayer funded benefits are being used when determining green card eligibility.
What Is a Public Charge?
The federal public charge rule dates back to the Immigration Act of 1882. Under the law, the federal government tried to make restrictions on immigration, if those becoming citizens would cost the government money, or become a “public charge.”
Later in 1999, the official guidance was changed to define a public charge as someone who would be dependent on cash assistance for income support. An applicant’s status of approval could be negatively affected by using programs like Supplemental Security Income, Temporary Assistance for Needy Families and state general assistance programs. However, benefits that were excluded from their approval were food stamps, Medicaid, WIC and housing benefits. Allowing immigrants to access basic necessities such as food, housing and medical care.
In 2019, during President Donald Trump’s first term, there was expansion for qualifiers. Adjudicators could then start penalizing immigrants for using non-cash benefits that were previously exempt, such as non-emergency Medicaid, SNAP and housing vouchers.
In 2022, President Joe Biden rolled back the 2019 guidelines to align with the 1999 rules, meaning noncash benefits were no longer counted against applicants.
Previous Homeland Security Secretary Alejandro Mayorkas said at the time, “We will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them.”
The 2026 Rule
Now, four years later, the Trump administration has returned to their 2019 stance. The 2026 guidelines expand once again on which benefits can count against an application, as well as giving immigration officers more subjective discretion. But the new guidelines, critics say, lack clear language, which allow each officer to use their own personal discretion to make their decisions on what can be approved for a green card.
There are two critical limitations that stand out in the expanded rule:
- First, cash and noncash assistance benefits are again being considered. This includes programs like WIC and housing vouchers; however, the 2026 rule omits an exact list of affected benefits. Meaning the list of benefits that can be included or excluded are up to the discretion of the reviewer.
- Second, the new rules removes, “receipt of public benefits,” which had excluded benefits that were applied on the behalf of family members. If family members you’re legally required to support get public benefits, officials can use that as proof of your household’s overall income and financial need. Any benefits an applicant relies on as a primary means of support can also be evaluated.
Because the new rule works off its broader standards, Adriana Cadena, the executive director of the Protecting Immigrant Families Coalition, said in a statement it “opens the door for abuses by immigration officials” during the green card application process.
Looking Ahead
The newest version of the Public Charge rule was passed on Sept. 18, and the DHS projects that around 1.3 million will disenroll or forgo enrollment of public benefits due to the policy shift. The full impact of Trump’s efforts to reduce noncitizens receiving government benefits will become clearer in the decisions of green card applications.
“This regulation is a direct assault on immigrant families, and a threat to our country’s health and economic security,” Cadena added. “The last time they widened the public charge policy, millions of U.S. citizens in immigrant families suffered.”
