US DHS to evaluate migrant use of public benefits for green card eligibility

The Department of Homeland Security (DHS) is revising immigration policy, allowing officials to evaluate whether aspiring permanent residents have used taxpayer-funded benefits. This change will impact green card applications and adjustments of status by enabling officers to consider the use of programs such as Medicaid, SNAP, and housing assistance when assessing if an applicant might become a "public charge."

The new regulation modifies the Biden administration's 2022 rule, which limited public charge considerations to cash assistance for income maintenance and long-term government-funded institutionalization. Under the updated policy, U.S. Citizenship and Immigration Services (USCIS) officers can now review the application, approval, or receipt of any public benefit subject to income or resource verification, provided it was received after September 18. The DHS stated this aims to align immigration law enforcement with the national policy that immigrants in the U.S. should be self-sufficient.

USCIS clarified that decisions will continue to be based on a comprehensive review of each applicant's case. Factors that may be analyzed include the applicant's age, health, family status, assets, resources, financial status, education, and vocational skills. This revised approach grants immigration officials broader discretion to assess an applicant's ability to support themselves without relying on publicly funded programs.

USCIS will also release an updated version of Form I-485, used for adjustment of status or permanent residency applications. Only the newest edition will be accepted once the new rule takes effect. Zach Kahler, a USCIS spokesperson, stated, "The Trump administration defends the rule of law and protects American taxpayers from subsidizing aliens who could become dependent on public benefits." He added, "The agency is committed to safeguarding the financial security and well-being of Americans."

The updated policy expands the list of programs that may be considered, including state, local, territorial, or tribal benefits provided under economic need criteria. However, certain programs like the Children's Health Insurance Program (CHIP), Medicare Part B, and others related to disability or disaster relief remain exempt from this evaluation.

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The Trump administration defends the rule of law and protects American taxpayers from subsidizing aliens who could become dependent on public benefits. The agency is committed to safeguarding the financial security and well-being of Americans.