Trump Administration Proposes Significant Green Card Restrictions
The U.S. Citizenship and Immigration Services (USCIS) has proposed a regulatory change that may tighten the public-charge grounds related to green card applications. This proposal was logged with the Office of Information and Regulatory Affairs (OIRA) on November 3 and is currently categorized as a proposed rule on the federal regulatory review website.
Proposed Green Card Restrictions
The specific details of the proposed rule have not yet been disclosed. However, if the proposal proceeds to formal notice-and-comment rulemaking, it could signify a major shift from the previous public-charge rule established in 2022. This earlier rule limited the considerations for public benefits primarily to cash assistance for income maintenance and long-term care, excluding various non-cash programs like the Supplemental Nutrition Assistance Program (SNAP), routine Medicaid, housing vouchers, and Women, Infants, and Children (WIC) benefits.
Understanding the Public-Charge Rule
The public-charge ground of inadmissibility is a provision in the Immigration and Nationality Act. This allows U.S. officials to deny a green card to non-citizens deemed likely to become overly reliant on government assistance. The Trump administration expanded this definition in 2019 to encompass a broader array of non-cash benefits, intensifying the scrutiny on applicants.
- The expanded definition included benefits such as SNAP, public housing, and most Medicaid services.
- A multi-factor framework was introduced to assess factors like age, education, health, and income.
This updated policy faced legal challenges and was largely vacated in 2021. The Biden administration subsequently reinstated the pre-2019 public-charge standard through a final rule in 2022. Under this framework, receiving non-cash benefits like SNAP or WIC generally does not impact green card eligibility.
Implications for Green Card Holders
Green card holders are classified as lawful permanent residents (LPRs) and are legally recognized non-citizens. LPRs may qualify for federal programs like SNAP but typically encounter a five-year waiting period along with additional regulations and exceptions.
- Exceptions to the waiting period include refugees, asylees, certain military families, and children under 18.
- Some states have local programs that may impose extra eligibility criteria for lawful permanent residents.
Under the current 2022 USCIS regulations, the focus remains on cash benefits related to income maintenance and long-term care. Non-cash benefits do not hinder eligibility for green card applicants.
Voices and Concerns
Sam Peak, the Labor and Mobility Policy Manager at the Economic Innovation Group, commented on the challenges presented by stricter regulations. He noted that during the previous Trump administration, the paperwork required for green card applications significantly increased, which could be burdensome for applicants.
Next Steps in the Regulatory Process
The OIRA has acknowledged the receipt of USCIS’s proposed regulatory action. This step is crucial before formally publishing a Notice of Proposed Rulemaking in the Federal Register. The notice will provide an opportunity for public comments and additional guidance regarding the implementation of the proposed changes. Until now, USCIS has not issued an official statement concerning the proposal.
