July 16 - The U.S. government is moving to reinstate a public-charge policy that could disqualify immigrants from receiving permanent resident status if they use certain taxpayer-funded benefits, the Department of Homeland Security said on Thursday.
The administration described the change as part of an effort to ensure that people seeking green cards are not "public charges" - a term used to refer to those primarily dependent on government subsistence. The DHS said the revised rule will become effective on September 18 this year.
The measure restores elements of a 2019 regulation enacted during President Donald Trump’s first term. That version expanded the public-charge definition to cover anyone who had received a government benefit for more than 12 months in any three-year period. The broader approach adopted in 2019 was subsequently abandoned in 2022 under the Biden administration, which narrowed the circumstances under which benefits use could be grounds for denying permanent residency.
In a post on X, U.S. Citizenship and Immigration Services framed the reinstatement as reinforcing the principle "that aliens in the United States be self-reliant and not dependent on taxpayer-funded government benefits."
The 2019 rule drew heavy criticism from immigrant advocates at the time; critics argued it unfairly targeted low-income people and warned it would prevent many individuals from obtaining permanent residency.
Background and timeline:
- The 2019 rule expanded the public-charge standard to include more types of benefits and a 12-month-in-3-years threshold.
- The policy was narrowed in 2022, reducing the scope for denying green cards based on benefit use.
- The DHS announced the revived rule on July 16, with an effective date of September 18.
The announcement reiterates the administration's stated focus on restricting immigration pathways for those deemed likely to rely on government benefits. Advocates' objections to the original policy - that it would disproportionately affect poorer immigrants and curtail access to permanent residency for many - were explicitly noted by opponents of the 2019 framework.
Details on operational implementation and the precise administrative procedures that will guide adjudications under the reinstated rule were not set out in the DHS notice published on Thursday.
As policymakers and stakeholders weigh the announcement, the rule's return to the regulatory landscape revives debates over how public-benefit use should factor into immigration adjudications and who will be affected when the change takes effect in September.