Trump Administration Issues Final Rule Restoring Public Charge Standard for Immigration Applications

The Department of Homeland Security published a final rule on July 17 that directs immigration officers to consider an applicant's use of certain public benefits when evaluating applications for lawful permanent residence. The rule applies the public charge inadmissibility ground under section 212(a)(4) of the Immigration and Nationality Act and expands the benefits considered beyond cash assistance to include non-emergency Medicaid, the Supplemental Nutrition Assistance Program, and Section 8 housing assistance.

U.S. Citizenship and Immigration Services will implement the rule 60 days after publication in the Federal Register. The Federal Register notice states the rule is scheduled for formal publication on July 20 and takes effect on September 18. The policy applies to both adjustment of status applications filed inside the United States and consular processing of immigrant visa applications abroad.

The rule reverses the January 2021 Biden administration policy that limited consideration to cash benefits only. It restores the framework first issued in a final rule on August 14, 2019, which took effect in February 2020 before being vacated by court order and later rescinded.

USCIS spokesperson Zach Kahler said in a statement that the administration is "upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits." The Federal Register notice states that the statute requires applicants to demonstrate they are not likely to become a public charge.

The American Immigration Lawyers Association executive director Ben Johnson said the rule is designed to punish citizens in mixed-status families and will lead eligible U.S. citizens to forgo health care and nutrition assistance out of fear. The Hill reported that roughly one in five Americans are enrolled in Medicaid and about 12 percent receive food stamps, noting the programs are available only to those lawfully present in the United States.

No public statements from the Department of State or consular officers regarding implementation at overseas posts appear in the source materials.