USCIS to scrap Biden-era 'public charge' policy that could deny green cards for immigrants

For many immigrants, the dream of coming to America is often shaped by images of sweeping butte filled Western landscapes, bustling cities or sunny coastal beaches. But for some hoping to make the United States their permanent home, that dream could become more difficult to achieve.

The Trump administration is reviving a policy that could deny green cards to certain immigrants who use public benefits, including food stamps, Medicaid, housing vouchers and other forms of government assistance.

The ‘public charge’ policy 

What we know:

The Department of Homeland Security issued a final rule scrapping the 2022 regulation that narrowed how immigration officers could decide whether a visa applicant is likely to become a public charge, making them inadmissible under federal law. 

The agency said the Biden-era rule limited which public benefits could be considered, preventing officers from weighing the full range of factors Congress has intended. The new rule restores case-by-case reviews and allows U.S. Citizenship and Immigration Services officers to assess all relevant information when making a determination on an applicant. 

What they're saying:

The agency posting to social media, saying, "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," a post on X said. "USCIS is committed to applying the law as enacted by Congress, providing clear guidance, and ensuring consistent, fair adjudications."

What's next:

The new policy will begin on September 18. USCIS will publish a revised Form I-485. Older documents after that date will not be accepted. 

 

Immigration