US Citizenship and Immigration Services (USCIS) has rescinded a Biden-era rule, which prevented immigration officials from considering an alien’s risk of becoming reliant on welfare services such as food stamps, Medicaid, and housing assistance.
“The now-rescinded Biden-era regulation restricted which public benefits DHS could consider, limiting officers’ ability to review all relevant factors as intended by Congress. With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant,” USCIS said in a press release.
“The Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations, further aligning immigration law with Congressional intent that aliens in the United States be self-reliant and not dependent on taxpayer-funded government benefits,” USCIS said.
”Under the Immigration and Nationality Act (INA), an individual applying for a visa, admission, or adjustment of status is inadmissible to the United States if deemed likely at any time to become a public charge.”
USCIS spokesperson Zach Kahler said in a statement, “The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans.”
The move could reportedly impact hundreds of thousands of green card applicants inside the US.
Per CBS:
Under existing federal immigration law, some individuals applying for a visa, admission to the U.S. or green cards can be deemed inadmissible if the government determines they are likely “at any time” to become a public charge.
The Biden-era rule, issued in 2022, limited the benefits DHS could consider to primarily cash welfare payments meant to cover basic living expenses and long-term institutional care paid for by the federal government.
The new final rule restores the broader discretion USCIS had during the first Trump administration, so that officers can conduct case-by-case reviews that consider an applicant’s age, health, family status, assets, financial resources, education, skills and whether the person has received means-tested taxpayer-funded benefits.
Those benefits can include food stamps, Medicaid and even housing assistance, according to USCIS officials.
“The federal government is reaffirming the requirement of self-reliance, protecting public resources and ending policies that encouraged dependency on the backs of hard-working American taxpayers,” Director Joseph Edlow said.
“Under President Trump, USCIS is restoring the basic principle that immigrants must be able to support themselves.”
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