Trump Admin's new rule for green cards — who could be affected and what changes from September 18

Summary

The Trump administration is riving a policy that could make it harder for some immigrants who receive government assistance to obtain permanent residency in the United States. On Thursday, the US Department of Homeland Security (DHS (Dept. of Homeland Security)) announced a final rule rescinding the Biden-era 2022 Public Charge Regulation, restoring broader discretion for immigration officials when assessing green card applicants. Under the US Immigration and Nationality Act (INA), a person can be denied a visa or green card if immigration authorities determine they are likely to become a "public charge"—someone primarily dependent on government assistance. The Trump administration has rescinded the 2022 Biden-era regulation, which had narrowed the types of public benefits immigration officers could consider when evaluating applicants. The administration says the move better aligns immigration policy with Congress's intent that immigrants be self-reliant rather than dependent on taxpayer-funded benefits. The 2019 policy allowed immigration officials to consider applicants who had received certain public benefits—such as Medicaid, food stamps (SNAP) and some housing assistance—for more than 12 months within a 36-month period when deciding green card applications. Immigrant rights groups argued the change prevented eligible families from avoiding healthcare and nutrition programmes out of fear of immigration consequences. US Citizenship and Immigration Services (USCIS (U.S. immigration agency)) also said the rule reflects Congressional intent that immigrants in the United States should be self-reliant and not dependent on taxpayer-funded government benefits. DHS says immigration officers will conduct individual, case-by-case assessments, considering the totality of an applicant's circumstances rather than relying on a single factor. USCIS will also release a revised Form Form I-485 (green card application) (Application to Register Permanent Residence or Adjust Status).