The Trump administration is looking to shake things up when it comes to how the federal government decides who should be denied a green card or the chance to immigrate to the United States based on the likelihood of becoming a “public charge.” This term has been part of U.S. immigration law for over a hundred years, typically referring to someone who relies heavily on government support for their basic needs.
In a proposed rule released in November, the administration aims to eliminate certain provisions that it claims “straight-jacket” officials tasked with making public-charge assessments. By getting rid of all previous regulatory details on how public charge is defined—and 26 years of guidelines on which benefits should be considered—the Department of Homeland Security (DHS) would grant frontline officers significant leeway in enforcing the law.
Without the earlier federal guidance, service providers won’t be able to offer clear instructions to immigrant families about which public benefits they can safely access without jeopardizing their future immigration status. This new rule raises concerns that even programs like Head Start, free school lunches, or care at Community Health Centers could negatively impact future green-card applications.
If this proposal is finalized as it stands, it could also put at risk the ability of U.S.-citizen children of immigrants to access public benefits. The proposed rule would remove existing language that clarifies that the use of public benefits by family members doesn’t count against green-card applicants.
As a result, many immigrant families might hesitate to utilize any public benefits they’re eligible for, choosing to forgo essential support during tough times to protect their future immigration options. Noncitizens who qualify for public benefits already use them at lower rates than U.S.-born individuals. Plus, most immigrants eligible for these benefits already hold a green card or U.S. citizenship, meaning they wouldn’t face future public-charge issues.