The U.S. Citizenship and Immigration Services (USCIS) has proposed changes to the public charge policy, which could affect how immigrants' use of public benefits is considered during legal status determinations.
Proposed Regulation Details
The Department of Homeland Security (DHS) released a new proposed regulation this week, slated for publication in the Federal Register. This proposal aims to rescind a prior Biden-era version of the public charge rule and expand the range of public benefits that immigration officers may consider. This expanded scope would include various social or health services used by individuals.
The proposal states that its intent is to "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."
Advocacy Group Responses
Advocacy groups have criticized the proposal. Adriana Cadenas, executive director of the Protecting Immigrant Families Coalition, stated that the proposal's broad scope is vague and could deter eligible immigrants and U.S. citizens from seeking necessary health care and assistance.
Context of Social Safety Net Programs
The DHS regulation follows discussions by the Trump administration and Republicans in Congress concerning alleged fraud in immigrants' use of social safety net programs. Individuals without legal status do not have access to programs such as SNAP, the healthcare marketplace, or Medicaid. Congress recently implemented further restrictions, removing health coverage and SNAP access from categories of lawfully present immigrants, including refugees, asylum seekers, and those with other humanitarian protections. Funding for states that use their own funds to provide healthcare regardless of citizenship status was also reduced.
This new proposed rule would also consider state-funded benefits in the review of immigration applications. U.S. citizen children of noncitizens remain eligible for these programs.
Previous Policy Actions
In February, former President Trump issued an executive order to end "all taxpayer-funded benefits for illegal aliens." Data indicated that approximately 1% of over- or underpayments for SNAP were related to citizenship eligibility, without specifically indicating fraudulent use by individuals lacking legal status.
During his first term, Trump expanded the types of benefits that could be considered a "public charge," potentially complicating efforts for individuals to obtain permanent status. Public health providers previously reported that the 2019 regulation led to a reluctance among immigrants to seek available benefits, an effect reportedly exacerbated during the COVID-19 pandemic. Concerns arose that seeking medical care or using food banks could negatively impact their immigration status.
In 2022, the Biden administration introduced a rule similar to the pre-2019 public charge regulation, which specified that the use of benefits such as SNAP, housing aid, or transportation vouchers would not count against green card applicants.