The Trump administration in October will enlarge the pool of immigrants who can be barred from entry or denied visa renewals because of their reliance on U.S. government benefits, according to a rule change published in the Federal Register.
The Department of Homeland Security’s U.S. Citizenship and Immigration Services formally submitted the update to a 1999 rule on Monday. The rule further expands the definition of a “public charge,” a term the government uses to indicate a noncitizen has a history of receiving long-term financial or other assistance.
“Through the public charge rule, President Trump’s administration is reinforcing the ideals of our self-sufficiency and personal responsibility, ensuring that immigrants are able to support themselves and become successful here in America,” USCIS Director Ken Cuccinelli said during a press conference Monday morning.
Immigrants seeking to enter the United States for the first time as well as those seeking renewal of visas will be judged based on assistance they have accepted from the federal government for at least 12 months in any 36-month period, including cash benefits, Supplemental Security Income, Temporary Assistance to Needy Families, Supplemental Nutritional Assistance Program, most forms of Medicaid, and some housing programs, according to the new rule. The Supplemental Nutritional Assistance Program and Medicaid were not previously part of the 20-year-old rule.
Applicants who apply after the Oct. 15 effective date will be judged on whether they used SNAP or Medicaid prior to then. The other listed programs will also factor into the decision because they have been among the criteria for decades.
USCIS officers will not look at whether an applicant was a recipient of emergency medical assistance; disaster relief; the National School Lunch Program; the Special Supplemental Nutrition Program for Women, Infants, and Children; Children’s Health Insurance Program; Medicaid, if the person is under 21 years old; energy assistance; and other assistance or related entities.
In 1999 the then-Immigration and Naturalization Service implemented the policy to limit green cards, or permanent residency, to legal immigrants who received cash benefits. However, a person’s request for a green card, the step prior to being able to apply for citizenship, was not affected by his or her use of healthcare or SNAP benefits.
The Department of Homeland Security rolled out the proposal in September.
Cuccinelli said the change will be relevant in the review of about 400,000 annual applications.
