The Trump administration has revived a stricter “public charge” rule that could make it harder for some immigrants to obtain green cards if they have relied on certain government-funded benefits such as Medicaid, food stamps or housing assistance.
The rule appeared in the Federal Register on Thursday and will be formally published on July 20. It reverses a narrower policy introduced by the Biden administration in 2022 and restores broader discretion for immigration officers when reviewing green card applications.
What the rule changes
Under US immigration law, officials can deny visas or green cards to applicants who are considered likely to become a “public charge” or depend on government support.
The Biden-era rule largely limited that review to cash welfare payments and long-term government-funded institutional care. The revived Trump rule allows US Citizenship and Immigration Services (USCIS) officers to also consider whether applicants have received certain means-tested public benefits, including Medicaid, Supplemental Nutrition Assistance Program (SNAP) benefits, commonly known as food stamps, and housing assistance.
Officials will also continue to evaluate factors such as an applicant’s age, health, family status, financial resources, education and job skills before making a decision.
USCIS Director Joseph B. Edlow said the administration is “reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers.”
“Under President Trump, USCIS is restoring the basic principle that immigrants must be able to support themselves,” he added.
Who could be affected
The rule applies to many noncitizens seeking lawful permanent residence inside the United States as well as some applicants seeking immigrant or nonimmigrant admission. However, several groups remain exempt under federal law, including many refugees, asylum seekers, Special Immigrant Juveniles, certain trafficking and crime victims, and applicants protected under the Violence Against Women Act (VAWA).
The Department of Homeland Security (DHS) previously estimated that nearly 588,000 adjustment-of-status applicants each year could be subject to the public charge review.
When the rule takes effect
Although the rule will be published this month, USCIS will begin applying the new framework about 60 days later, giving the agency time to update forms, guidance and internal procedures.
The revised policy is expected to become operational in September. USCIS said benefits received before the rule becomes operational generally will not be considered under the expanded review, except for certain public cash assistance or long-term institutional care already covered under previous policy.
The agency will also introduce a revised Form I-485, used to apply for permanent residence or adjust immigration status. Older versions of the form will no longer be accepted once the updated rule takes effect.
Why the rule is returning
According to CBS, the public charge test has existed in US immigration law for decades, but how it is applied has changed across administrations.
Before Trump’s first term, immigration officers generally followed 1999 guidance that focused mainly on cash welfare and long-term institutional care.
In 2019, the Trump administration expanded the policy to include a wider range of public benefits, including Medicaid, food stamps and certain housing programmes. That rule took effect in 2020 after the Supreme Court allowed it to move forward while legal challenges continued.
After President Joe Biden took office, his administration stopped defending the Trump-era rule and introduced a new regulation in 2022 that restored the narrower approach.
Impact beyond green card decisions
While the revived rule gives immigration officers broader authority, actual denials on public charge grounds have historically been uncommon.
According to DHS data, public charge denials for adjustment-of-status applications ranged from 41 to 95 cases annually between fiscal years 2020 and 2024. During the period when the 2019 Trump rule was in effect, only five applications were denied or flagged under the broader public charge analysis, and those decisions were later reopened or rescinded.
However, DHS has previously warned that the policy could discourage many immigrant families from using benefits for which they are legally eligible. In an earlier estimate, the department said around 950,000 people in immigrant households could choose to avoid healthcare, food or housing assistance because of concerns about how it could affect future immigration applications.
