Trump Admin's new rule for green cards — who could be affected and what changes from September 18
The Trump administration is riving a policy that could make it harder for some immigrants who receive government assistance to obtain permanent residency in the
The Trump administration is riving a policy that could make it harder for some immigrants who receive government assistance to obtain permanent residency in the United States. On Thursday, the US Department of Homeland Security (DHS) announced a final rule rescinding the Biden-era 2022 Public Charge Regulation, restoring broader discretion for immigration officials when assessing green card applicants. The rule will take effect on September 18, 2026. What is the 'public charge' rule? Under the US Immigration and Nationality Act (INA), a person can be denied a visa or green card if immigration authorities determine they are likely to become a "public charge"—someone primarily dependent on government assistance. The law has existed for decades, but how the government defines a "public charge" has changed under different administrations. What has changed? The Trump administration has rescinded the 2022 Biden-era regulation, which had narrowed the types of public benefits immigration officers could consider when evaluating applicants.
According to DHS, immigration officers will now once again be able to assess all relevant factors on a case-by-case basis, giving them broader authority when deciding whether an applicant is likely to depend on government assistance. The administration says the move better aligns immigration policy with Congress's intent that immigrants be self-reliant rather than dependent on taxpayer-funded benefits. What was the 2019 Trump rule? During Donald Trump's first term, the administration significantly expanded the definition of a public charge. The 2019 policy allowed immigration officials to consider applicants who had received certain public benefits—such as Medicaid, food stamps (SNAP) and some housing assistance—for more than 12 months within a 36-month period when deciding green card applications. The policy faced multiple legal challenges and was eventually abandoned by the Biden administration. What did Biden change? In 2022, the Biden administration reversed the Trump-era expansion.
The revised regulation limited the benefits that could be considered and restored a narrower interpretation of "public charge," reducing the likelihood that the use of non-cash public assistance would affect green card eligibility. Immigrant rights groups argued the change prevented eligible families from avoiding healthcare and nutrition programmes out of fear of immigration consequences. Why is Trump bringing it back? The Trump administration says the change is intended to protect taxpayers and reinforce the principle that immigrants should be financially self-sufficient. "The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits," USCIS spokesperson Zach Kahler said. US Citizenship and Immigration Services (USCIS) also said the rule reflects Congressional intent that immigrants in the United States should be self-reliant and not dependent on taxpayer-funded government benefits.
The BriefWire