Trump administration reinstates rule that could deny green cards to immigrants who use public aid

The Trump administration is reinstating a rule that could deny green cards to immigrants who use public benefits that could include food stamps, Medicaid, housing vouchers and others.

The policy, known as “public charge,” appeared Thursday in the Federal Register. It will be officially published on July 20 and will come into force on September 18. Under this policy, green card applicants must prove that they would not constitute a burden on the country or “public charges.”

The policy was first implemented in February 2020 as part of President Donald Trump’s moves to limit legal immigration during his first administration, but it was reversed after Democratic President Joe Biden took office.

His return comes as the Republican administration implements tough policies to curb both illegal and legal immigration, and as the cost of health care and food increases.

The federal government “reaffirms the demand for autonomy, protection of public resources, and an end to policies that encourage dependence on the backs of hard-working American taxpayers,” U.S. Citizenship and Immigration Services said in a post on its X account.

“Under the leadership of President Trump, USCIS is restoring the basic principle that immigrants must be able to support themselves,” the message said.

While the administration’s immigration crackdown focuses more on deportations and immigration enforcement in cities across the country as well as at borders and ports of entry, it has also taken steps targeting legal immigrants and mixed-status families, in which parents are foreign nationals with U.S.-born children.

Rule expands disqualification options

Federal law already requires those seeking permanent residency or legal status to demonstrate that they will not become a public charge. The Trump administration rule, however, broadens the grounds for disqualification.

The new rule does not describe or specify by name the benefits and programs that could be considered a public charge. Instead, it says that officers implementing the policy will make “individualized, fact-specific public charge inadmissibility decisions, based on the totality of the alien’s circumstances.”

It states that “by exercising judgment and discretion, officers will more accurately assess the likelihood that an alien will become a public charge at any time.”

The Trump administration first promoted this rule in 2018 as a way to ensure that only those who were self-sufficient came to the United States. Immigrant rights advocates criticized it, saying it amounted to a “wealth test.” Public health experts have said this will lead to worse health outcomes.

Manatt Health, a group that advises state and federal governments, estimates that the policy would have dissuaded as many as 26 million people from seeking health care, food, housing or other assistance through programs for which they qualified under federal law. About half were U.S. citizens, mostly children or adults living in mixed-status families, according to the group.

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

A 2020 study by the Migration Policy Institute said that while the “chilling effects” may be broad, the number of immigrants who could be considered ineligible for legal permanent residency based on use of any of the public benefits provided by the rule was small.

The institute estimates that as many as 167,000 people — less than 1 percent of the 22.1 million noncitizens residing in the United States at that time — could be found ineligible for a green card based on their current use of a listed benefit.

According to the Census Bureau, 22.8 million noncitizens lived in the United States in 2023.

Critics say rule creates fear in community

Nongovernmental organizations said the policy generated confusion and fear and caused many immigrants and their U.S.-born relatives to decide not to apply for benefits and services to which they were entitled.

Immigrant advocates condemned the government’s decision to reinstate the “public charge” rule and expressed concern.

“This regulation is a direct attack on immigrant families and a threat to the health and economic security of our country,” said Adriana Cadena, executive director of the Protecting Immigrant Families Coalition. “The Trump administration bases its immigration decisions on bias and political considerations, regardless of the resulting harm. »

Sarah Krieger, senior policy advisor at the National Immigration Law Center, said the rule would make immigrants afraid of going to the doctor, buying food at the grocery store and filing their taxes.

“With this new rule, they are sowing fear and chaos to ultimately reshape America into a country where only a few white, ultra-rich people are welcome,” Krieger said. “This rule is not only deeply harmful, it also violates the law. »

Copyright © 2026 by Associated Press. All rights reserved.

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