Public Charge Rule Returns: What Immigrants and Families Should Know
Public Charge Rule Returns: What Immigrants and Families Should Know
The Trump administration has revived the “public charge” policy, a rule that can affect certain immigrants seeking permanent residence or other lawful status in the United States.
The policy was first implemented in February 2020 during President Donald Trump’s first administration and was later reversed after President Joe Biden took office. Its return comes as the administration continues to pursue changes affecting both legal and illegal immigration.
Federal law has long required certain applicants for permanent residence or lawful status to show that they are not likely to become a “public charge.” In general, this means the government may consider whether an applicant is likely to become primarily dependent on public benefits.
The revived rule expands the grounds on which a person may be found inadmissible. Rather than identifying specific benefits or programs by name, the rule directs officers to make “individualized, fact-specific public charge inadmissible determinations” based on the “totality” of the person’s circumstances.
The rule also states that officers should use “good judgment and discretion” when deciding whether an applicant is likely at any time to become a public charge.
For applicants and families, the practical issue is uncertainty. Public charge determinations are not based on one single factor. Officers may consider a range of circumstances, including the applicant’s financial resources, household situation, health, age, education, skills, and other relevant factors.
The Trump administration has stated that the policy is intended to reinforce self-sufficiency and protect public resources. U.S. Citizenship and Immigration Services stated that the government is “reaffirming the requirement of self-reliance” and that immigrants must be able to support themselves.
Critics of the policy have raised concerns that it may discourage some immigrants and mixed-status families from applying for benefits or services for which they may be legally eligible. During the prior version of the rule, nonprofit organizations and public health experts reported confusion among families about whether use of certain programs could affect an immigration case.
By the Numbers
Manatt Health previously estimated that the policy could deter as many as 26 million people from seeking healthcare, food, housing, or other assistance for which they qualified under federal law. According to that estimate, about half of those affected were U.S. citizens, many of them children or adults living in mixed-status families.
At the same time, a 2020 study from the Migration Policy Institute found that the number of noncitizens who could actually be found ineligible for lawful permanent residence based on current use of a listed public benefit was much smaller. MPI estimated that no more than 167,000 people, less than 1% of the 22.1 million noncitizens living in the United States at the time, could be found ineligible for a green card on that basis.
According to the Census Bureau, there were 22.8 million noncitizens living in the United States in 2023.
The key takeaway is that public charge analysis is fact-specific. Not every immigrant is subject to the public charge ground of inadmissibility, and not every benefit creates a public charge issue. The impact depends on the person’s immigration category, application type, family situation, financial circumstances, benefit history, and the specific facts of the case.
Individuals should not make decisions about healthcare, food assistance, public benefits, or immigration filings based on fear or general information alone. Anyone with concerns should speak with qualified immigration counsel before making decisions that could affect their immigration case or their family’s access to services.
Pollack, Pollack, Isaac & DeCicco, LLP advises individuals, families, and employers on complex immigration matters, including green card applications, adjustment of status, waivers, family-based immigration, employment-based immigration, and public charge concerns.
If you have questions about how the public charge rule may affect you, your family, or your employees, call 212-233-8100 to schedule a consultation with an experienced immigration attorney.
Source: Associated Press, “Trump administration revives rule that may deny green cards to immigrants using public benefits.”
