The Trump administration is rescinding a Biden-era rule that ignored a migrant’s use of welfare, food stamps, and other tax-paid subsidies when determining eligibility for permanent legal status.
The Department of Homeland Security (DHS) is preparing to eliminate the Biden rule and will reinstate the “public charge” test on whether or not a migrant is a good candidate for a green card, CBS News reported.
The “public charge” test determines if a migrant is self-sufficient, and thereby a worthy addition to our society, or if they are on public assistance and are therefore not a productive prospect for residency.
The rule states that a migrant can be deemed inadmissible if they become a “public charge” who is supported by taxpayers. In 2022, the Biden administration watered down the rule so that migrants could still qualify for a green card even if they are on some sort of public assistance.
DHS, though, is reinstating the broader interpretation implemented in 2016 that allows officers to evaluate a green card applicant based on their age, health, family status, assets, financial resources, education, skills and if they receive means-tested taxpayer-funded benefits.
Unlike the Biden era rule, DHS is adding food stamps, use of Medicaid funds, and housing assistance to the proscription list.
DHS estimated the new rule could affect up to 588,000 applicants who are applying from inside the country and reportedly could go into effect in October.
The rule is not only a Trump policy. The public charge rule was first implemented in 1999 under the Clinton presidency.
The public charge rule change is one of many changes to green card eligibility, The administration is also considering exacting a steep bond on green card applications from migrants apply overseas.
The State Department announced that it is exploring the idea of implementing a $100,000 bond on some green card applicants abroad, the Wall Street Journal reported.
If widely implemented, the new bond would prevent many migrants of limited means from being eligible for a green card.
The Journal added that “applicants would likely pay the bond and receive the money back only after becoming U.S. citizens, a process that takes at least five years. That way, the bond would serve as collateral if a green-card holder moved to the country and proved unable to support themselves.”
“President Trump has made clear that those who wish to immigrate to the United States must be financially self-sufficient,” State Department spokesperson Tommy Pigott said, and added that the administration is exploring the bond idea “as a way to demonstrate they have access to the funds needed to support themselves.”
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