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The Trump administration is reactivating a rule that could deny permanent residency (green card) to immigrants who use public benefits, including food stamps, Medicaid, housing vouchers, and others.
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The policy, known as "public charge," appeared in the Federal Register on Thursday. It will be formally published on July 20 and will go into effect on September 18. Under the policy, applicants for permanent residency must demonstrate that they will not be a burden to the country.
The policy was first implemented in February 2020 as one of President Donald Trump's measures to limit legal immigration during his first administration, but it was overturned once Democrat Joe Biden took power.
Its return comes as the Republican administration implements aggressive measures to curb both illegal and legal immigration, and as the costs of healthcare and food are rising.
The federal government "is reaffirming the requirement of self-sufficiency, protecting public resources, and ending policies that encouraged dependency at the expense of hardworking American taxpayers," noted U.S. Citizenship and Immigration Services (USCIS) on its X account.
"Under President Trump, USCIS is restoring the core principle that immigrants should be able to support themselves," it added.
Although the crackdown on immigration places greater emphasis on arrests and deportations in cities across the country and at borders and points of entry, it has also included measures against legal immigrants and mixed-status families, where parents are foreign nationals with children born in the United States.
Federal law already requires those seeking permanent residency or legal status to prove they will not become a public charge. However, the new rule includes a wider range of programs that could disqualify them.
The Trump administration first promoted the rule in 2018 as a way to ensure that only those who were self-sufficient would arrive in the United States. Immigrant rights advocates criticized it, claiming it amounted to a "wealth test." Public health experts warned it would lead to worse health outcomes.
Manatt Health, a group that advises state and federal governments, estimated that the policy would have deterred up to 26 million people from seeking medical care, food, housing, or other aid through programs for which they qualified under federal law. Approximately half were citizens, mostly children or adults living in a mixed-status family, according to the group.
Experts also note that most people who receive government benefits are already legal residents.
A 2020 study by the Migration Policy Institute indicated that, although the "chilling effects" could be enormous, the number of immigrants who could be deemed ineligible for legal permanent residency due to their use of one of the public benefits contemplated in the rule was small.
The institute estimated that no more than 167,000 people—less than 1% of the 22.1 million non-citizens residing in the United States at that time—could be deemed ineligible for permanent residency due to their use of a benefit included on the list.
There were 22.8 million non-citizens living in the United States in 2023, according to the Census Bureau.
Non-governmental organizations stated that the policy created confusion and fear, and led many immigrants and their U.S.-born family members to refrain from applying for benefits and services to which they were entitled.
Immigrant advocates condemned the government's decision to reactivate the "public charge" rule and expressed concern.
"This regulation is a direct attack on immigrant families and a threat to our country's health and economic security," declared Adriana Cadena, executive director of the Protecting Immigrant Families Coalition. "The Trump administration is basing immigration decisions on prejudice and politics, regardless of the damage caused."
Sarah Krieger, a senior policy advisor at the National Immigration Law Center, warned that the rule will scare immigrants away from going to the doctor, buying food at the supermarket, or filing taxes.
"With this new rule, they are sowing fear and chaos to, ultimately, transform the United States into a country where only a few, white and ultra-wealthy, are welcome," Krieger indicated. "The rule is not only deeply harmful, it also violates the law."
[Publicidad]