U.S. Citizenship and Immigration Services (USCIS) published the new public charge rule in the Federal Register, which will penalize immigrants who apply for a Green Card and other immigration benefits.
- Impact on Mixed-Status Families
- Given that the public charge rule penalizes immigrants for seeking social assistance, DHS assumes this will result in a reduction in federal resources.
- “Among those who might choose to disenroll or withdraw from future enrollment in public benefits programs are both foreigners and U.S. citizens who are part of mixed-status households.”
- What Will Immigration Officers Evaluate?
- This New Directive Overrides Biden’s 2022 Rule
- Does It Align With the State Department’s Plan?
The goal of the new rule, which is open for public comment for 30 days, is to eliminate the public charge guidelines implemented by President Joe Biden’s administration, which prevented immigrants from being penalized for seeking social assistance, such as food stamps or housing aid.
The Department of Homeland Security (DHS) states that the current rule, enacted in 2022, regarding the inadmissibility of an immigrant for a Green Card due to public charge or other benefits, is incompatible with congressional decisions.
“This regulation does not constitute the best implementation of the law, is incompatible with congressional intent, is overly restrictive, and hinders DHS’s ability to accurately and reliably determine whether certain foreigners might become a public charge at any point,” the new proposal states.
It adds that the rule aims to ensure immigrants seeking a change of status (Green Card application) are self-sufficient.
“The repeal would restore greater discretion to assess all relevant facts and align with the current policy that foreigners in the United States must be self-sufficient and that government benefits should not incentivize immigration,” the Trump administration justifies. “DHS also proposes addressing noncompliance and the cancellation of public charge bonds.”
Impact on Mixed-Status Families
The new rule is expected to affect migrant or mixed-status families, meaning those with at least one undocumented member, as the Trump administration anticipates a reduction in federal transfers for social assistance.
Given that the public charge rule penalizes immigrants for seeking social assistance, DHS assumes this will result in a reduction in federal resources.
“The proposed rule would also lead to a reduction in federal government transfers to individuals who choose to disenroll or withdraw from public benefits programs,” the document states.
“Among those who might choose to disenroll or withdraw from future enrollment in public benefits programs are both foreigners and U.S. citizens who are part of mixed-status households.”
It remains unclear whether immigrants will also be penalized if their families seek assistance for U.S.-born children of immigrants. A recent report by the Migration Policy Institute found that 5.3 million U.S. children have at least one undocumented parent.
DHS even estimated the reduction in federal and state transfers, which could amount to approximately $8.97 billion annually “due to disenrollment or withdrawal from public benefits programs by members of households that include foreigners who might be receiving public benefits,” the document states.
The 10-year reduction in funding could reach approximately $76.48 billion.
What Will Immigration Officers Evaluate?
The official publication occurred this Wednesday, starting the 30-day public comment period.
The new rule requires USCIS officers approving status change petitions to apply the “public charge test.”
“These officers could refer to the sub-regulatory guidelines in effect since 1999, which the 2022 Rule largely codified. These 1999 guidelines were based on over 100 years of policy and sought to clarify what ‘public charge’ means for immigration purposes and which benefits were relevant in determining such a charge,” DHS states.
This New Directive Overrides Biden’s 2022 Rule
“This Notice of Proposed Rulemaking (NPRM) explicitly seeks to revoke the 2022 Rule,” it notes. “While the proposed regulation also suggests eliminating the definition of ‘receipt of public benefits’ (which only includes benefits received by the person applying for status adjustment), it does not explicitly address whether the use of benefits by family members would be considered in future public charge determinations.”
Does It Align With the State Department’s Plan?
On November 6, the State Department issued a directive to consulates and embassies regarding visa applications, setting conditions based on health (including obesity) and the financial situation of foreigners.
“The DOS cable provides operational guidelines for visa applicants abroad and should not modify USCIS policies or standards for Green Card applicants within the United States,” explained the National Immigration Law Center.
However, it is common for immigration and provisional visa extension policies to be unified, something authorities have not confirmed they will do.
Once the 30-day public comment period ends, DHS and USCIS will need to incorporate feedback into a new rule, which could take several weeks or months before implementation.
Image: Opinion
