Trump Administration's New Green Card Restrictions: How Government Aid Use Could Affect Immigration Status

The United States is preparing to implement stricter regulations for immigrants seeking permanent residency status. The Trump administration has drafted a proposal targeting the existing "public charge" rule that has been effective since December 2022.

Department of Homeland Security (DHS) officials have developed a proposal that could potentially deny green cards to immigrants who are likely to depend on government assistance programs.

The proposal, titled "Public Charge Ground of Inadmissibility," will be published on November 19. Following publication, there will be a 30-day period for public comments and feedback.

Under this proposed regulation, immigration officials would receive enhanced authority to determine whether an applicant might rely on government benefits such as food stamps, Medicaid, or housing assistance, according to Newsweek reporting.

If officials determine that an immigrant may become dependent on these assistance programs, their application for permanent residency could be rejected.

Matthew J Tragesser, a spokesperson representing US Citizenship and Immigration Services (USCIS), stated: "DHS proposes to rescind the 2022 public charge ground of inadmissibility regulations. Through this proposed rule, DHS intends to restore broader discretion to allow officers to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant."

When determining green card eligibility, immigration officers examine multiple factors including age, health status, family situation, financial resources, skills, education, and previous use of government benefits. In certain cases, they may also review Form I-864 Affidavit of Support during the green card approval process.

The proposed change would expand these assessment criteria, potentially making more applicants ineligible for permanent residency. Officers would have greater latitude to consider the "totality of the circumstances," including family health history, financial background, and indications of dependence on government support programs.

The DHS plans to eliminate the current rule implemented during the Biden administration, which protected immigrants from penalties for utilizing certain government benefits. This policy shift could impact both green card applicants and those who already hold permanent resident status.

Immigrant advocacy organizations, including the Protecting Immigrant Families Coalition and Community Catalyst, have expressed concern that this could cause millions of people to avoid using essential benefits like healthcare, food assistance, or other support services, fearing negative consequences for their immigration status.

The Trump administration maintains that the rule's purpose is to ensure government benefits do not serve as incentives for immigration to the United States.

Additionally, the Trump administration is reportedly planning to restrict green card access for citizens of countries affected by the President's travel ban, according to the NY Times.

Currently, the travel ban prevents individuals from Afghanistan, Myanmar, Chad, The Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela from entering the US.