❓WHAT HAPPENED: The U.S. Citizenship and Immigration Services (USCIS) proposed a new regulation expanding the public charge policy, potentially limiting immigrants’ use of public benefits.
👤WHO WAS INVOLVED: The Department of Homeland Security (DHS), migrants, and the Protecting Immigrant Families Coalition.
📍WHEN & WHERE: The proposed regulation was released this week and will be published in the Federal Register on Wednesday.
💬KEY QUOTE: “Rescission would restore broader discretion to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration,” the proposal states.
🎯IMPACT: The rule may discourage immigrants from accessing public benefits.
The U.S. Citizenship and Immigration Services (USCIS) has proposed a regulation that would expand the public charge policy, potentially limiting immigrants’ access to public benefits. The suggested changes mean that programs such as the Supplemental Nutrition Assistance Program (SNAP) or Medicare could be considered when determining an immigrant’s eligibility for legal status, including green cards.
The Department of Homeland Security (DHS) unveiled the proposal, which will be published in the Federal Register on Wednesday. It seeks to rescind the Joe Biden-era public charge rule and broaden the scope of public benefits that immigration officers may evaluate, extending it to include health or social services used by applicants.
“Rescission would restore broader discretion to evaluate all pertinent facts and align with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration,” the proposal outlines. However, immigration advocates criticized the move, with Adriana Cadenas, executive director of the Protecting Immigrant Families Coalition, complaining that it “deters lawfully present immigrants and U.S. citizens from seeking health care and help they need and qualify for under federal law.”
The regulation follows debates over immigrants’ access to social safety net programs. While immigrants without legal status are already technically barred from accessing programs like SNAP or Medicaid, Congress has recently imposed additional restrictions on legal immigrants. Some state-funded benefits may also now be considered in immigration reviews under the new rule.
During his first term, President Donald J. Trump expanded the definition of public charge, making it more difficult for immigrants to obtain permanent status if they used certain public benefits. The Biden government later reversed this policy in 2022, narrowing the scope of benefits considered. The latest proposal, however, signals a return to a broader approach.
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