Key Highlights
- U.S. Citizenship and Immigration Services (USCIS) submitted a regulatory package on November 3, 2023.
- The submission aims to tighten the public-charge ground of inadmissibility for green card applicants.
- This proposal could potentially increase scrutiny of benefits use by green card applicants.
- The rule would represent a significant policy shift from the 2022 public-charge rule under the Biden administration.
Background on Public-Charge Rule
The public-charge ground of inadmissibility is part of the Immigration and Nationality Act. It allows U.S. authorities to deny admission or adjustment of status to non-citizens likely to become primarily dependent on government support.
In 2019, during the Trump administration, USCIS expanded the definition of public charge to include many non-cash benefits such as Supplemental Nutrition Assistance Program (SNAP) and most Medicaid. A multi-factor framework was also created that weighs factors like age, health, education, income, and English proficiency.
Changes under Previous Administrations
Under the Trump administration, the 2019 rule was implemented, leading to increased paperwork for green card applicants. The rule was challenged in multiple courts and portions were blocked before being vacated in 2021.
The Biden administration issued a new final rule in 2022 that restored the pre-2019 standard, limiting public-charge consideration to cash benefits for income maintenance and long-term care, excluding most non-cash programs. Under this framework, receiving SNAP or other non-cash benefits generally does not affect eligibility for a green card.
Current USCIS Proposal
The proposed regulatory package submitted by USCIS on November 3, 2023, could potentially tighten the public-charge ground of inadmissibility. This would likely increase scrutiny of green card applicants’ use of public benefits. The text of the proposed rule has not yet been published.
Sam Peak, Labor and Mobility Policy Manager at Economic Innovation Group, commented on X: “When the rule was implemented during the last Trump Admin, the paperwork for green cards doubled. At the very least, the administration should exempt high income earners and those with significant assets from this rule.”
Implications
The proposed changes could have significant implications for non-citizens seeking lawful permanent residency. The exact nature of these changes is not yet clear as the text has not been released.
If the proposal advances to formal notice-and-rulemaking, it would mark a significant policy shift from the 2022 public-charge rule under the Biden administration. This could lead to increased administrative burden for both applicants and USCIS officials.