U.S. Citizenship and Immigration Services (USCIS) announced Thursday the return of the “public accusation” Rule for immigrants. Immigrants already have to show that they will not become public charges or people dependent on the government for their livelihood, but the new rule will expand the range of public benefits that immigration officials can consider when determining whether immigrants are likely to rely primarily on government assistance.
The expanded list could include the Supplemental Nutrition Assistance Program (SNAP/food stamps), bridging aid for families in need (TANF), Medicaid, housing vouchers and other programs. The rule will also allow immigration officials to consider age, health, education and job skills when deciding eligibility for green cards.
USCIS announced In the change to
The rule change appeared in the Federal Register on July 16th. The official release will take place on July 20th and is expected to come into force on September 18th.
The Trump administration first introduced the public charge rule in 2018. At the time, immigration advocates called it a “wealth test” and public health experts said it would lead to health problems among immigrants. A Study 2020 of the Migration Policy Institute said the rule had a “chilling impact” but that fewer than 1% of the 22.1 million immigrants in the U.S. at the time might not have been eligible for a green card because they were using government benefits.
The Biden administration turned around the rule in 2020.
Manatt Healtha law firm that advises state and federal governments estimated that the new policy would have prevented up to 26 million people from seeking government assistance. Of these, about half were U.S. citizens, typically children or members of mixed families.
