The U.S. Citizenship and Immigration Services (USCIS) is considering regulatory changes that may intensify the public-charge evaluation for green card applicants. On November 3, USCIS submitted a proposal to the Office of Information and Regulatory Affairs (OIRA) aimed at tightening criteria regarding public benefit usage. The specific details of this proposal have yet to be made public, creating uncertainty around potential changes.
Understanding the Public-Charge Rule
The public-charge rule is a crucial component of the Immigration and Nationality Act. It allows U.S. immigration authorities to reject applications for non-citizens deemed likely to rely primarily on government assistance. Under the Trump administration in 2019, this rule was expanded to include various non-cash benefits, including:
- Supplemental Nutrition Assistance Program (SNAP)
- Most Medicaid services
- Public housing assistance
This expansion introduced a multi-factor approach that assessed numerous criteria like age, health, education, income, and English proficiency. However, this version of the rule was met with legal challenges, and sections were blocked before being ultimately vacated in 2021.
Biden Administration Changes
In 2022, the Biden administration rolled back the expansive Trump-era rules. The revised regulations limited the public-charge assessment to cash benefits aimed at income maintenance and long-term institutional care. Consequently, the receipt of non-cash benefits—such as SNAP, routine Medicaid, and housing vouchers—was no longer considered detrimental to green card eligibility.
Who Is Affected?
It’s important to note that lawful permanent residents (LPRs) are classified as non-citizens but are often eligible for various benefits. However, many LPRs may encounter a five-year waiting period before accessing programs like SNAP. Certain categories, including refugees, asylees, and victims of trafficking, are exempt from this waiting period.
The regulations can vary by state, as some have additional rules that could impact LPRs’ access to benefits.
Reactions and Next Steps
Experts have voiced concerns about the implications of the proposed regulatory changes. Sam Peak, a Labor and Mobility Policy Manager at Economic Innovation Group, highlighted the bureaucratic burden during the Trump administration, noting that the application paperwork for green cards significantly increased. He suggested that the new administration should consider exemptions for high-income earners and those with substantial assets.
The OIRA entry confirms that USCIS is moving forward with a regulatory review process, which is the preliminary step before releasing a Notice of Proposed Rulemaking in the Federal Register. This forthcoming notice will allow for public commentary on the proposed rule, although USCIS has not yet issued a press statement elaborating on the submission.
