Applying for a US green card? Trump’s revived rule could affect you

The policy appeared in the Federal Register on Thursday. It will be formally published on July 20 and take effect on September 18. (AI-generated image)

The Trump administration has revived the controversial “public charge” rule, allowing immigration officials to deny green cards to applicants deemed likely to rely on government assistance, reversing a policy scrapped under former President Joe Biden.

The policy appeared in the Federal Register on Thursday. It will be formally published on July 20 and take effect on September 18, the Associated Press reported. Under the rule, applicants for green cards must demonstrate they are unlikely to become a burden on the country, or a “public charge”.

Thousands of Indians apply annually for permanent residency in the US. The revived rule could affect applicants depending on their financial circumstances and immigration category.

The rule was first implemented in February 2020 during President Donald Trump’s first term as part of his efforts to limit legal immigration. It was reversed after Democratic President Joe Biden took office.

Its return comes as the Republican administration continues a hard-line approach toward both illegal and legal immigration, while the cost of healthcare and food continues to rise.

The US Citizenship and Immigration Services (USCIS) said in a post on X that the federal government was reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency at taxpayers’ expense.

“Under President Trump, USCIS is restoring the basic principle that immigrants must be able to support themselves,” the agency said.

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The administration’s broader immigration crackdown has largely focused on deportations and stricter enforcement at cities, borders and ports of entry, AP reported. However, it has also introduced measures affecting legal immigrants and mixed-status families, where parents are foreign nationals, and their children are U.S. citizens.

Rule expands grounds for disqualification

Federal law already requires people seeking permanent residency or legal status to show they are unlikely to become a public charge. However, the revived Trump rule broadens the grounds on which applicants may be found ineligible.

The new rule does not specifically name benefits or programmes—such as Medicaid, food stamps or housing vouchers—that could be considered in public charge determinations. According to the rule, immigration officers will make “individualized, fact-specific” decisions based on the totality of an applicant’s circumstances.

According to the policy, officers will use “good judgment and discretion” to assess whether an applicant is likely at any point to become a public charge.

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The Trump administration first proposed the rule in 2018, arguing that it would ensure only financially self-sufficient immigrants would be admitted to the United States.

Immigrant rights advocates criticised the policy, calling it a “wealth test,” while public health experts warned it could discourage people from seeking healthcare and other essential services, leading to poorer health outcomes.

Manatt Health, a policy and consulting group that advises state and federal governments, estimated that the rule would have deterred as many as 26 million people from seeking healthcare, food, housing or other assistance through programmes for which they were legally eligible. About half of those affected were estimated to be U.S. citizens, primarily children or adults living in mixed-status families.

Experts also noted that most people who receive government benefits are already legal residents.

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A 2020 study by the Migration Policy Institute found that although the rule’s “chilling effect” could be widespread, the number of immigrants who would actually become ineligible for legal permanent residence because of their use of public benefits was relatively small.

The institute estimated that no more than 167,000 people—less than 1% of the 22.1 million non-citizens living in the United States at the time—could be found ineligible for a green card based on their use of a listed public benefit. According to the U.S. Census Bureau, there were 22.8 million non-citizens living in the country in 2023.

Critics say rule creates fear in immigrant communities

Non-governmental organisations said the previous version of the policy created widespread confusion and fear, causing many immigrants and their US-born relatives to avoid applying for benefits and services they were legally entitled to receive.

Immigrant advocacy groups condemned the decision to revive the public charge rule and expressed concern over its impact.

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“This regulation is a direct assault on immigrant families, and a threat to our country’s health and economic security,” said Adriana Cadena, executive director of the Protecting Immigrant Families Coalition.

She alleged that the Trump administration was basing immigration decisions on bias and politics, regardless of the resulting harm.

Sarah Krieger, senior policy counsel at the National Immigration Law Center, said the rule would make immigrants afraid to visit doctors, buy food or file taxes.

“With this new rule, they are sowing fear and chaos to ultimately reshape America into a country where only the few who are white and ultra-wealthy are welcome,” Krieger said.

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She further alleged that the rule was not only deeply harmful but also violated the law.

(This article was curated by Aditi Anand, who is an intern with The Indian Express)

The Express Global Desk at indianexpress.com which delivers authoritative, verified, and context-driven coverage of key international developments shaping global politics, policy, and migration trends. The desk focuses on stories with direct relevance for Indian and global audiences, combining breaking news with in-depth explainers and analysis.

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